Auctions & Private Sales
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POST MODERN NEO CONSTRUCTIVISM
THE WORKS OF FERGUS HILTON


Private View Friday 30th March 2018
6.00-8.00pm
Exhibition runs until 13th April


Barnes Thomas
The Old Customs House
Chapel Street
Penzance
TR18 4AF

The exhibition continues until 13th April (office hours).

The second son of Roger Hilton and Rose Hilton, both artists with international acclaim, Fergus was educated at St Erbyns, a private junior school in Penzance, then at Humphry Davey Grammar School. Fergus’s colourful early years were influenced by Roger’s bright abstracts and poets, actors and other painters that been part of Hiltons life and are a big influence in his work.

Fergus attended London University, reading English but his mental state was already wandering. He was accepted in to Falmouth art School where he proudly failed the diploma.

Since 1988 Hilton has been in and out of Psychiatric hospitals yet has carried on painting and writing. Poetry is key and has influenced many of his paintings. Fergus has been widely published with some 35 poems being printed internationally. His works are bold and stylistically outstanding- being influenced by artists of a bygone era- yet very much incomparable and unique.

Fergus says of his own work.
‘My paintings walk the line between beauty and ugliness, juxtaposition is a key word here. Each canvas should be complete in itself. When I am working on a painting I am aware that every mark I make or cut out I glue on has to improve the picture as a whole until it is built up and reaches a zenith.’

Standard Conditions of Sale »

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Description

Artist

 

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Lot. 1
August, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 2
Bad Karmic Heads, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 3
Beauty & Ugliness, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 4
Black Cat, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 5
Dancing Skull and Clown, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 6
Hova Section, Acrylic on Canvas.

Fergus Hilton


£380.00
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Lot. 7
July 2009, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 8
Post Modern Neo Constrictionism, Acrylic and collage on canvas.

Fergus Hilton


£380.00
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Lot. 9
Sad King, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 10
The Ace- Seeing Eye, Acrylic and Collage.

Fergus Hilton


£380.00
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Lot. 11
The Void, Acrylic and Collage on canvas.

Fergus Hilton


£380.00
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Lot. 12
Times Casual Remedies, Acrylic on canvas.

Fergus Hilton


£380.00
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Lot. 13
Turkey, Acrylic and collage on canvas.

Fergus Hilton


£380.00


Standard Conditions of Sale


1. Interpretation

1.1. In these Conditions:

1.1.1. Absentee Bid Form: means the Auctioneer's standard absentee bid form, a copy of which is available on request.

1.1.2. Auctioneer: means Barnes Davison Thomas of 53 Chapel Street, Penzance, Cornwall, TR 18 4AF (trading as Barnes Thomas County Auctioneers);

1.1.3. Bidder: means the person, firm or company who submits bids at the auction. 

1.1.4. Bidder Registration Form: means the Auctioneer's standard bidder registration form, a copy of which is available on request;

1.1.5. Lot: means any item which is offered for sale at the auction;

1.1.6. Purchaser: means the person who submits the highest bid accepted by the Auctioneer or the person who the Auctioneer declares as purchaser of the Lot;

1.1.7. Purchaser's Premium: means the premium payable to the Auctioneer which shall be calculated at the rate of 20% of the Purchase Price;

1.1.8. Purchase Price: means the amount payable by the Purchaser;

1.1.9. Vendor: means the person who offers the Lot for sale.

1.2. The headings do not affect the interpretation of the Contract. Any reference to a party's employees includes its agents and sub-contractors. Where the context so requires the singular includes the plural and vice versa.

2. Basis of Contract

2.1. The Auctioneer sells the Lot as agent for the Vendor (except where the Auctioneer is said to wholly or partly own any Lot as principle in the catalogue) and as such is not responsible for any acts and omissions of the Vendor. 

2.2. Subject to clause 3.6, a Bidder cannot bid on a Lot unless they have completed a Bidder Registration Form which has been accepted by the Auctioneer. Acceptance of a Bidder Registration form will be indicated by the allocation of a paddle number by the Auctioneer.

2.3. The contract for sale of the Lot between the Vendor and the Purchaser (Contract) will be formed at the fall of the Auctioneer's hammer in respect of the Lot. 

2.4. The Contract will relate only to the Lot in respect of which the Auctioneer's hammer has fallen. 

2.5. These Conditions apply to the Contract to the exclusion of any other terms that the Purchaser seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

2.6. No addition to, variation of, exclusion or attempted exclusion of any term of the Contract shall be binding unless agreed in writing and signed by or on behalf of the Vendor.

3. Conduct at the Auction

3.1. The Auctioneer may refuse to accept bids (whether or not a reserve has been placed on the Lots) where such refusal is reasonable in the circumstances. 

3.2. The Auctioneer has the absolute discretion to divide any Lot, to combine any two or more Lots or to withdraw any Lot or Lots from the auction, to refuse bids or cancel bids without giving any reason. 

3.3. The Auctioneer may bid on behalf of the Vendor for all Lots that are being offered subject to a reserve or the Auctioneer's discretion.

3.4. The Auctioneer reserves the right to sell the Lot prior to the auction.

3.5. The Vendor reserves the right to alter or add to these Conditions at any time prior to or at the auction.

3.6. The Auctioneer's staff may submit bids on behalf of Bidders provided that they have completed an Absentee Bidder Form which has been accepted by the Auctioneer. Acceptance of the Absentee Bidder Form will be indicated by an allocation of a paddle number by the Auctioneer. The Auctioneer's staff will use reasonable endeavours to place bids on behalf of Bidders but do not accept any liability in respect of failures to do so or any errors or omissions with the bids. 

3.7. If Bidders want to submit bids via telephone during an auction, they should make arrangements with the Auctioneer at least 1 day prior to the start of the Auction, unless otherwise agreed by the Auctioneer. The Auctioneer will use reasonable endeavours to allow telephone Bidders to take part in the auction but accepts no liability for any failure, act or omission which arises as a consequence of a telephone bid.

3.8. At the end of the auction, the Auctioneer will issue an invoice in respect of the Lot to the Purchaser.

4. Description and Inspection

4.1. The Lots is sold with all faults, imperfections and errors of description. The illustrations and descriptions in catalogues are for general identification only.

4.2. The Auctioneer accepts no responsibility in respect of the authenticity, attribution, provenance, genuineness, origin, authorship, date, age, period, condition or quality of any Lot. 

4.3. The Purchaser may inspect the Lot prior to the auction and should satisfy themselves as to the condition of each Lot.

4.4. Any statement by the Auctioneers as to the Lot is a statement of opinion only and every Bidder should rely on his own judgment as to all matters affecting the Lot.

4.5. Neither the Vendor nor the Auctioneer, its employees or agents:

4.5.1. are responsible for errors of description or for the authenticity of any Lot or for any misstatement as to any matter affecting the Lot; or

4.5.2. makes or gives, nor has any authority to make or give, any representation or warranty in relation to any Lot and any implied conditions or warranties are excluded to the fullest extent permitted at law.

5. Risk and Title

5.1. Risk in the Lot shall pass to the Purchaser on the fall of the hammer. The Auctioneer recommends that the Purchaser takes out appropriate policies of insurance in respect of the Lot at this stage.

5.2. Title to the Lot shall not pass to the Purchaser until the Auctioneer has received payment in full for the Lot and all other sums which are, or become, due from the Purchaser. 

6. Payment

6.1. The Purchaser shall pay the sums set out in clause 6.2 to the Auctioneer (in cash or cleared sums) by 4:30pm on the second working day after the Contract is formed. 

6.2. The Purchaser agrees to pay to the Auctioneer;

6.2.1. Purchase Price;

6.2.2. Purchaser's Premium; and

6.2.3. VAT (if payable). 

6.3. All prices are exclusive of VAT which will be payable at the appropriate rate prevailing at the date of the auction. If VAT is payable it will be indicated in the auction catalogue and on the invoice.

6.4. The Purchaser shall (if required) pay to the Auctioneers a deposit in part payment of the Purchase Price.

6.5. If the Purchaser fails to make the payments set out at clause 6.2 the Lot (at the Auctioneer's sole discretion) may be put up and re-sold.

6.6. The Auctioneer reserves the right to charge interest on late payments at the rate of 3% per annum above Barclay Bank Plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

7. Collection

7.1. The Purchaser shall collect the Lot from the Auctioneer's premises within seven working days of the date of the Contract. No Lot may be removed during the auction or until such time as all other payments due from the Purchaser have been paid.

7.2. Whether or not the Lot has been paid for, the Purchaser agrees to pay a charge of £5 per Lot per day for storage, from the last date for collection in accordance with clause 7.1 above. 

7.3. If the Lot is not collected within seven working days of the date of the Contract, the Auctioneer may move the Lot to another location for storage. 

7.4. If the Purchaser fails to collect the Lot within a few days after the Contract is formed, the Lot (at the Auctioneer's sole discretion) may be put up and re-sold and any sums paid by the Purchaser (subject to the Purchaser's Premium) may be refunded. However, the Auctioneer may, without limiting any other rights or remedies it may have, set off any amount owed to it by the Purchaser under this Contract (including but not limited to the storage charge set out at clause 7.2) against any amounts payable by the Auctioneer to the Purchaser.

8. Forgeries and Infringements

8.1. If the Purchaser (acting in good faith) considers the Lot to be forgeries or an infringement of third party intellectual property rights and within 14 days after the date the Contract is formed serves a notice in writing on Auctioneer stating that the Lot is a forgery or infringes third party intellectual property rights and within 21 days after serving such notice:

8.1.1. returns the Lot to the Auctioneer in the same condition as at the date the Contract is formed; and

8.1.2. produces evidence (the burden of proof to be upon the Purchaser) that, in light of the entry in the catalogue, the Lot is a forgery or infringes third party intellectual property rights; and

8.1.3. is able to transfer the title the Purchaser received in respect of the Lot,

then, if (in the Auctioneer's sole opinion) the Auctioneer considers the Lot to be a forgery or an infringement of third party intellectual property rights, the Contract will be terminated and all sums payable by the Purchaser will be refunded to the Purchaser within a reasonable time.

8.2. The Purchaser agrees to be bound by the Auctioneer's decision when deciding whether or not the Lot is a forgery. The Auctioneer shall be entitled to take into account the views of any expert consulted by them.

8.3. The Purchaser agrees to provide the Vendor with all reasonable assistance that may be required by the Vendor in relation to any third party claim, or notice of any third party claim, that is issued against the Vendor.

9. Limitation of liability

9.1. Subject to clauses 3.6, 3.7 and 4.2, the following provisions set out the Vendor's entire liability (including any liability for the acts or omissions of its employees) to the Purchaser in respect of any breach of the Contract and any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the Contract.

9.2. Nothing in these terms excludes or limits the Vendor's liability for death or personal injury caused by the Vendor's negligence, fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful to exclude or restrict liability.

9.3. Subject to clause 9.2: 

9.3.1. the Vendor shall under no circumstances whatever be liable to the Purchaser, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and

9.3.2. the Vendor's total liability to the Purchaser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Purchaser's Premium.

9.4. The Purchaser admits that they:

9.4.1. have inspected the Lot and purchases it with full knowledge of its actual state and condition; and

9.4.2. agree to purchase the Lot solely as a result of his own inspection and on the basis of these Conditions and not in reliance upon any advertisement statement representation or warranty either written or oral or implied made by or on behalf of the Vendor. 

10. Artists Resale Rights

10.1. If the Artist's Resale Right Regulations 2006 apply to the Lot the Purchaser also agrees to pay to the Auctioneer an amount equal to the resale royalty provided for in those Regulations and the Auctioneer undertakes to the Purchaser to pay such amount to the artist's collection agent.

11. Disputes

11.1. In the case of a dispute as to any bid, the Auctioneers may immediately determine the dispute and the Auctioneer's decision shall be final.

12. Force Majeure

12.1. A party shall not be liable to the other party for any breach of its obligations under this Contract if such breach is due to an act, event, omission or accident beyond the party's reasonable control (Force Majeure Event).

12.2. If a Force Majeure Event occurs, the party shall inform the other party as soon as possible and take all reasonable steps to mitigate the effects of the Force Majeure Event.

13. Waiver

13.1. A waiver of any right under the Contract is only effective if it is in writing and signed by or on behalf of the waiving party, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

14. Entire Agreement

14.1. This Contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.

14.2. Each party acknowledges that, in entering into this Contract, it has not relied on, and shall have no right or remedy (other than for breach of contract) in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Contract.

15. Assignment

15.1. The Purchaser shall not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.

16. Third party rights

16.1. The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and is not intended to benefit, or be enforceable by, anyone else.

17. Severance

17.1. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

17.2. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable

18. Notices

18.1. Any notice required to be given pursuant to this Contract shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the address of the party, or by email, in each case, to such address as may be notified by one party to the other.

18.2. A notice delivered by hand is deemed to have been received when delivered (or, if delivery is not in business hours, 9.00 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. An e-mail shall be deemed to have been delivered within 24 hours form the time of being sent, provided that no "non-deliverable" notice is received by the sender. 

19. Governing law and jurisdiction

19.1. The Contract and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

 

Barnes Thomas County Auctioneers

Barnes Thomas County Auctioneers | The Old Customs House | 53 Chapel Street | Penzance | Cornwall | TR18 4AF    Open Mon-Fri 10am - 4pm