Presents
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STAND TALL FOR GIRAFFES
AUCTION
.................................. 19th September 2013 7:15 pm
Take your favourite giraffe home with you for a worthy cause
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welcome ............................ Director’s message... Colchester Zoo is thrilled with the overwhelming success of Stand Tall for Giraffes. This project has been truly inspiring; enabling our community to enjoy this massive public art event. The Stand Tall trail itself will finish on 26th August, and all the sculptures will be on show from 31st August to the 8th September at Colchester Zoo, for one time only – please come and view them, and perhaps choose in advance which one you could see in your own home or garden! Many of the giraffes will also be on display at More London by the banks of the River Thames, from 9th September until 17th September. We anticipate huge demand for these glorious creatures, and hope to raise significant funds for Colchester Zoo’s conservation charity, Action For The Wild. The auction starts at 6pm with a drinks reception, and limited tickets go on general release on 5th August at £15.00 per person. Please go to www.colchester.zoo.org/standtall for more information, to register your interest as soon as possible and to download bidding forms. Each Stand Tall giraffe will come with its own certificate of authenticity. Your purchase will not include delivery or a base. If you wish to purchase a base after the auction you can contact alex@colchesterzoo.org and delivery can be quoted for you on the night.
Dr DA Tropeano OBE Managing Director, Colchester Zoo Ltd
Reeman Dansie was established in 1881, and in its 132 year history, has built an excellent reputation as auctioneers and valuers for generations of Colcestrians. Now based on Severalls Business Park, the latest auction technology enables us to attract a worldwide audience. Reeman Dansie holds bi-monthly Antiques and Fine Art Auctions, quarterly Specialist Collectors’ and Coins & Militaria sales, as well as fortnightly General Household Effect Sales. A free pre-sale valuation service is offered, whether you are interested in consigning a single item or a house clearance or collection. Managing Director, James Grinter, says ‘I am extremely proud to be involved with Colchester Zoo and the Stand Tall campaign, and delighted to be able to lend support to help raise funds for Action for the Wild. I would like to take this opportunity in congratulating Colchester Zoo on their 50 years in business and for all the wonderful work they do.’
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All profits from the auction will be donated to Colchester Zoo’s charity, Action for the Wild. 25% of the auction proceeds will go to Wild in Art.
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Colchester Zoo has always cared passionately about the world’s threatened species, and in 2004, created the charity Action for the Wild, to assist projects worldwide. Action for the Wild provides both financial and technical assistance to its projects, aims to raise awareness among local people in community programmes, and supports research initiatives.
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Action for the Wild has assisted a broad spectrum of conservation projects worldwide, and this year has 20 supported projects; protecting a wide range of species from orangutans to vultures, Humboldt penguins to Komodo dragons and elephants to moths. We need your help, and through the Stand Tall Auction you can help to raise funds for these vital conservation projects. Photography:
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1. The AEECL field station in the Ankarafa Forest on the Sahamalaza Peninsula (c) Christoph Schwitzer 2. N/a’an Ku sê Carnivore Conservation Research Project 3. Centre for conservation in Punta San Juan, Peru 4. Centre de Rehabilitation des Primates de Lwiro 5. Elephant Orphange project 6. Fisher’s Estuarine Moth Breeding Programme (c) Micky Andrews 7. The Orangutan Foundation 8. Free the Bears Foundation
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Dot By Martin Band 2.5 metres
Lot 1
Dot has been inspired by the evocative and dramatic artwork of the Aboriginal people of Australia. Martin was inspired by a visit to Uluru in central Australia, by the simplicity & boldness of the traditional stick painting technique. The distinct markings of the giraffe leant themselves perfectly to a graphic interpretation in the Aboriginal Style. Director of an urban design and landscape architecture practice, Martin Band also designs streetscape, civic spaces and gardens, in a new, creative and invigorating way. Guide £2,000 - £4,000
Precious By Richard Allen 2.5 metres You can’t beat nature’s own designs, and Precious incorporates a giraffe’s wonderful pattern. The sculpture is painted so it appears to be made of gold, inset with cut stones and painted diamond effects for the eye highlights. This dramatic and stunning design expresses the precious quality of giraffes. Richard Allen has worked as an artist and illustrator for nearly 30 years, illustrating books and magazines and even stamps. Wildlife has always been a strong theme in his work, particularly his sketches of birds on the Essex coast. He has been previously named ‘Bird Illustrator of the Year’ and has exhibited at the Society of Wildlife Artists. Guide £2,000 - £4,000
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Love Hearts By Samuel Thomas 2.5 metres Pink and purple love hearts cover this beautiful giraffe, declaring love in a psychedelic and colourful style! Samuel Thomas’ work is popular with fine art collectors, and to the wider audience, as the style is distinctive and contemporary. His paintings display a culmination of identifiable styles from Art Deco, Pop Art, Japanese print, retro and graphic influences, as well as hints of Art Nouveau and the psychedelic patterns. The work can be described as modern and fresh, yet these influences make it timeless. In recent years, many of these styles of art have enjoyed a celebration and a renaissance, adding to the value and desirability of Samuel Thomas’ paintings. Guide £4,000 - £6,000
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Maasai Giraffe By Helen Rose Smith 2.5 metres
Lot 4
The design for Maasai Giraffe is inspired by the jewellery and textiles of the Maasai people in Africa. Africa is known for its craft traditions, and this sculpture includes the element of fused glass within the traditional necklace decoration. Helen Rose Smith is a glass designer and secondary school art teacher. Helen began working with glass in 2005, and has attended many courses in additional techniques to extend her knowledge and skills. Helen teaches glass fusing from her home studio and across Essex, including at ‘Handmade’ in Sir Isaacs Walk. Helen is a member of the Guild of Essex Craftsmen. Guide £2,000 - £4,000
Jamboree By Nathan Smith 2.5 metres Jamboree is based on some of the patterns and colours of Dogon rituals. The Dogon are agricultural people who live in south-eastern Mali (West Africa), best known for their fantastical myths and rituals which represent an extremely intricate and complex cosmology. Nathan Smith was originally a scenic artist and prop maker for theatres, including the Royal Shakespeare Company. His paintings on canvas are inspired by nautical and aeronautical machines to which Nathan gives anthropomorphic qualities. Guide £2,000 - £4,000
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Sarasvati By Anne Schwegmann-Fielding 2.5 metres
Sarasvati is the Hindu Goddess of the Arts, and helps us with creative expression. Inspired by Indian decoration, she is made using fragments of beautiful things. The stars are based on those from the internationally loved song ‘Twinkle, Twinkle, Little Star,’ which was written in Colchester. Anne Schwegmann-Fielding is an internationally renowned sculptor and mosaic artist. There is a strong emphasis on recycled materials in her work. She often incorporates artefacts into her works that have been donated by, or have connections to, the people and location of each commission. She has won several awards and appeared on numerous television programmes. Her work is in private and public collections around the world. Guide £5,000 - £7,000
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Union Giraffe By Rhoda Webb 2.5 metres
Lot 7
Union Giraffe is a celebration of the huge contribution that the many organisations, charities and people of our nation have made for our love of animals, and for our dedicated work in furthering the conservation of endangered species. Rhoda Webb is a graduate of Goldsmiths college, and is a photographer and sculptor. She has undertaken residencies in further and higher education establishments, and has regularly exhibited in various galleries in London and beyond. She has recently completed a residency at University Campus Suffolk. Guide £2,000 - £4,000
Twinkle By Janet Fishwick 2.5 metres
Twinkle is inspired by the poem ‘The Star’ which was written in 1806 by Jane Taylor who lived in Colchester. Nowadays, her words are more commonly known as the nursery rhyme ‘Twinkle, Twinkle, Little Star.’ A life-long interest in wildlife has meant that artist, Janet Fishwick, is naturally drawn to the animal shapes of fibreglass sculptures. Janet’s designs are strongly influenced by brightly coloured abstract imagery. Having previously worked on public art projects for Liverpool, Chester, Skipton and Northampton, Janet was pleased to be asked to contribute designs to Stroll: Discovery Trails for the London Olympics in 2012. Guide £2,000 - £4,000
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Big Catrina By Alison Burchert 2.5 metres Big cats are amongst the endangered species in the animal world. This sculpture highlights the ongoing need for funding to protect and conserve these most vulnerable of wild cats, as well as being a beautiful piece of art. Alison Burchert has a growing reputation as one of the UK’s finest in pastel portraiture. Her fine detail and colour management has earned much respect from collectors and students. Working closely with Colchester Zoo as their artist in residence, she has brought her skills and inspiration to the young and old alike with various art days. Many of Alison’s original portraits are from subjects within the zoo, as her ability to put life into eyes and render realistic feathers and fur makes for some close inspection of her photorealistic images. Guide £4,000 - £6,000
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Tuiste By Sarah-Jayne Guest 2.5 metres
Lot 10
This design is based on the architecture of Colchester and the animals at Colchester Zoo, capturing the ideal of home from the creatures and animals who find sanctuary in the zoo. The illustration explores not only the obvious beauty of Colchester’s architecture and landmarks, but also the hidden charm; the more you look at the illustrations, the more you will see. Sarah-Jayne Guest is a printed textile designer and illustrator. Sarah-Jayne has been commissioned by companies such as Ercol, Zizzi Italian Restaurant and Selfridges, as well as stocking her textile collections in independents both in the UK and overseas. She was recently awarded an ELLE Decoration stamp of approval and listed in the Guardian top 10 picks for the London Design Festival 2012. Guide £2,000 - £4,000
Autograph Giraffe 1.3 metres
Autograph Giraffe is a 1.3m sculpture signed by a number of the stars of the popular TV series, Dr. Who, which also celebrated its 50th anniversary in 2013. Autograph Giraffe has been signed by current Doctor Who Assistant, Jenna Louise Coleman, and other stars of the popular series including Billie Piper, Bernard Cribbins, John Leeson, Mat Irvine, Carol Ann Ford, Jacqueline King and Rachel Bell. Guide £2,000 - £4,000
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Giraff-oovy Baby By Valerie Osment 2.5 metres
Colchester Zoo originated in the 1960’s, the age of Flower Power; just like Austin Powers! With psychedelic swirling rainbow patterning, stylistic flowers, ruffed lace cravat and leg cuffs, the sculpture is also fitted with £4,500 of sound equipment to provide the buyer with a range of phrases straight from the sixties! Valerie Osment is a professional visual artist based in Colchester. She works across the region on public art commissions; residencies, education projects, gallery workshops and project based work for numerous organisations as well as festival coordinators, community organisations, youth centres and private individuals. Guide £5,000 - £7,000
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Nursery Rhyme By Claire Pound
Lot 13
2.5 metres Colchester is reputed to be the home of three English nursery rhymes ‘Old King Cole,’ ‘Humpty Dumpty’ and ‘Twinkle, Twinkle, Little Star’. This artwork shows Humpty sitting under a twinkling night sky watching merry old King Cole and his fiddlers three. Claire studied at Camberwell College of Art, where she gained her degree in illustration and went on to illustrate children’s books. She has always been interested in figurative work, and was influenced by Henry Bird, who she drew with and modeled for at his studio in Northampton. Claire had always worked primarily in water colour, however, a few years ago, she decided to try oils as a medium, with which she combined her interest in expression and portraiture. Guide £4,000 - £6,000
Gofaster-raffe By Cooper Mini 2.5 metres Designed and created by the Colchester Cooper Mini bodyshop team, they took their inspiration from the John Cooper Works Mini colour and branding. Guide £2,000 - £4,000
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African Patchwork By Helen Smith 2.5 metres This sculpture was inspired by the decorative colours and patterns of African textile designs, in a fun and visually attractive way, to create a patchwork giraffe that looks like it was made in Africa. Helen Smith is a freelance illustrator with over 20 years experience of book publishing, magazines and packaging. More recently, her designs have been featured on Phoenix greetings cards, ceramic mugs, tea towels and embroidery kits. The natural world has inspired her, as well as humour, line and colour and she likes to take a light hearted approach. Guide ÂŁ4,000 - ÂŁ6,000
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Nextraterrestrial By Ingrid Sylvestre
Lot 16
2.5 metres The design for Nextra-terrestrial is based around Ingrid Sylvestre’s fantasy giraffe world, which exists on a planet in Camelopardalis Constellation. The inspirational motto of its quirky giraffe inhabitants is ‘Stick your neck out for your dreams!’ Everything in Giraffe World is ‘giraffified’, from the long handled toothbrushes to the tall houses. It is a place of fun, harmony and gleeful ‘giraffitude’. Ingrid Sylvestre is internationally known for her distinctive and versatile creativity. She works full time as a professional artist, and has held many exhibitions in public and private galleries & museums, and undertaken a great variety of commissions, residencies & fellowships. Guide £2,000 - £4,000
African Waterfall By Mik Richardson 2.5 metres The design is based on the magnificence of an African waterfall, combined with a few surprises that are closer to home! The sculpture comes complete with a full shower system which will be fitted for the purchaser in the location of their choice – perhaps next to a swimming pool or hot tub. Mik has been involved in some of the greatest public art events in the UK including: BBC Countryfile; the Olympic Torch Relay; Tour of Britain; Wild In Art’s Go Elephants, Go Safari Northampton and Pride of Northampton projects; the North Walsham Hippo Trail; The Big Draw and BBC Blast. Guide £2,000 - £4,000
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Gironimo By Caio Locke 2.5 metres Gironimo is both a play on words, to incorporate the initial letters of the word ‘giraffe’, but also a link to Geronimo, leader of the Apaches, and to the American Indians, who preserved a harmony with their natural surroundings. Gironimo carries a powerful message of the impact of western civilisation upon the planet, through Caio Locke’s unique and mysterious symbolism. London-based, Caio’s work has been exhibited internationally in numerous guises. His recent commissions include sculpture designs, music covers, and more recently the designs for an entire beachwear range. His work has received increasing public attention through his participation in major public art projects including London Elephant Parade (2010), Edinburgh Jungle City (2011) and Fabergé Big Egg Hunt (2012). Guide £4,000 - £6,000
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Cam By Cyndi Speer 2.5 metres
Lot 19
Of all the colourful history that Colchester has, the Roman period was a great influence in this sculpture. Cyndi links this period of time to conservation for the future, with animals forming an integral part of the design. Cyndi Spear’s paintings are usually oil onto canvas, and have historical significance or have developed from the observation of the natural history that is part of her surrounding at home. From initial inspiration, swirls of patterns and contrasting tones are built up to create an overall slightly abstracted but enduring image. Her work is rapidly becoming recognised for its unique contemporary style and striking colours. Her work has sold widely, both nationally and internationally. Guide £4,000 - £6,000
Tuxedo G Raffee By Gillian Lait 2.5 metres
Tuxedo G Raffee is a giraffe extraordinaire At first sight, on a dark night, You might think he’s Fred Astaire. In D.J. and black bow tie with his hooves buffed to a shine, Dancing in the moonlight, he really looks divine! In the 50th year of James Bond, this sculpture in his smart tuxedo provides a wonderful tribute to everyone’s favourite secret agent. Gillian Lait is a Suffolk-based professional wildlife and pet portrait artist, passionate about wildlife and conservation. Guide £2,000 - £4,000
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Stick your neck out By Simon Emery 2.5 metres Humans have interacted with giraffes for thousands of years, and to have the opportunity to enhance not only the slender beauty of these magnificent animals using paints usually restricted to custom vehicles, we can magnify the bizarre but individual pattern of their camouflage. Since 1988, Simon Emery and The Paintbox have carved a reputation that has seen their notoriety spread to all corners of the globe! Whether collaborating with other artists for charity events like The Big Egg Hunt or custom painting for motorcycles for A list celebrities, this Essex based ‘dynamic duo’ want to paint pretty much anything in candy, flake and pearl... Guide £5,000 - £7,000
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Godric By Nathan Smith 2.5 metres
Lot 22
The design and name of this giraffe was inspired by the statue of Byrhtnoth on Maldon’s promenade and the story that surrounds it. In 991 A.D, the Vikings, led by King Olaf Tryggvason, launched a coastal invasion of Anglo-Saxon England. Their target was the town of Maldon, which was protected by Lord Byrhtnoth, an old enemy of the raiding Northmen. When the Vikings finally attack, Byrhtnoth makes a critical tactical error based on pride and arrogance, leading to his death and Maldon’s occupation. Byrhtnoth’s most loyal retainer, Godric, flees in the heat of battle so he can survive and claim vengeance even though this means that he breaks an oath he has made to die at the side of Byrhtnoth. Nathan Smith is a freelance artist, working in ceramics and mixed media. Guide £2,000 - £4,000
You’re having a giraffe! By Nathan Sheen 2.5 metres Inspired by the Southern phrase ‘You’re having a giraffe!’ what could better illustrate this than happy laughing mouths, painted in a bright Pop Art style? Nathan Sheen is a visual artist whose work has a strong Pop Art feel with his bold, graphic style, inspired by popular culture and catchphrases which he has fun illustrating. Guide £2,000 - £4,000
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Womb with a view By Alison Burchert 2.5 metres As an animal portrait artist, Alison felt that she should incorporate as much detail and life like proportions as possible into her sculpture, but it was the ‘life’ aspect that intrigued and inspired her to show this inanimate gentle giant as a living, breathing and life producing mammal, that went beyond a beautifully painted sculpture. As public art, Alison Burchert believes there should be many aspects of interest which provokes interest and strong feelings about what they have seen. Guide £4,000 - £6,000
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Polka Dotty By Samuel Thomas 2.5 metres
Lot 25
With polka dots transforming from white to purple, and from purple to white, this sculpture represents the playfulness of the ever-changing world of fashion. Samuel Thomas’ work is popular with fine art collectors, and to the wider audience as the style is distinctive and contemporary. His paintings display a culmination of identifiable styles from Art Deco, Pop Art, Japanese print, retro and graphic influences as well as hints of Art Nouveau and psychedelic patterns. The work can be described as modern and fresh, yet these influences make it timeless. In recent years, many of these styles of art have enjoyed a celebration and a renaissance, adding to the value and desirability of Samuel Thomas’ paintings. Guide £2,000 - £4,000
Seahorse By Mik Richardson 2.5 metres The seahorse is one of the sea world’s most beautiful and vulnerable species. Here it is interpreted on a land mammal, the amazing giraffe. Mik has been involved in some of the greatest public art events in the UK including: BBC Countryfile; the Olympic Torch Relay; Tour of Britain; Wild In Art’s Go Elephants, Go Safari Northampton and Pride of Northampton projects; the North Walsham Hippo Trail; The Big Draw and BBC Blast. Guide £2,000 - £4,000
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Jungle Jenny By Jenny Leonard 2.5 metres For this sculpture design, Jenny wanted to make a jungle theme incorporating as many hidden animals as possible to provide a treasure trail. Jenny Leonard is an East Anglian based artist, and works mainly as a muralist, painting large scale pieces on walls for centres, schools and resorts. She has painted in New Zealand, Australia and Crete, and has recently commissioned by British Airways to create a huge London landscape for their head office. Jenny was recently shortlisted for The Holt Art Prize, The Signature Art Prize and The Norwich Castle Art Open. Guide ÂŁ4,000 - ÂŁ6,000
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Five Winks By Oliver Dean 2.5 metres
Lot 28
This design was inspired by a giraffe’s ability to rest whilst standing. The comic appearance of the Zs are normally associated with sleep, but also make for a striking design; as if the giraffe is wrapped up in sleep, in the standing position. Oliver Dean is a Colchester based illustrator and community artist. He offers a flexible approach to community arts, working with groups of all ages, across a range of media and always exploring the creativity of those involved. Guide £2,000 - £4,000
Stan By Colchester Zoo with Jenny Leonard 2.5 metres Stan has been the official mascot of Stand Tall. He became the sculpture iconic to the campaign, as he features in the Stand Tall logo, with has splashes of bright, beautiful colour all over him, to reflect the creativity of our artists and groups who have taken part in this public art event. Jenny Leonard, the East Anglian based artist, has created the 3d version of Stan in her inimitable style. Guide £2,000 - £4,000
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With special thanks... Colchester Zoo extends their warmest gratitude to the following, for their kind support and generosity throughout the Stand Tall for Giraffes campaign: 2.5m Giraffe sponsors
Inkind sponsors & supporters
Media partners
Bright & Sons CC Designer Bathrooms Clacton Factory Outlet Clarke Infinity Ltd Cofunds Colchester Borough Council Colchester Lion Walk Colchester Zoo Cooper MINI DCS Eastern Lifts Firstsite Freeport Fuller Davies Holiday Inn Colchester Imaginative Traveller Isaac’s on the Quay Kent Blaxill Marks & Spencer Martin & Co McDonald’s Sainsbury’s SVC Recruitment Systematic Logistics University of Essex Weston Business Centre Wild in Art Williams & Griffin
Abbey Road Management Big Yellow Storage Colchester Carnival 2013 Costa Coffee Firstsite Funky Voices Giraffe Guardians Incy Wincy Limited Mark Abbersteen Puremotion Reeman Dansie Snake in the Grass Sportsafe UK Systematic Logistics Tallisman Coaches Tarmac The Flight Centre The Mercury Theatre Tiptree Patisserie
Essex County Standard Heart FM
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Jet Set contributions HSBC Bank Ken Clarke 3663
Marketing company KAT Marketing
Additional help Joyce Clements (Autograph Giraffe) Victoria Matthews (Video production)
Celebrity supporters Sir David Attenborough Steve Backshall Steve Leonard Billie Piper David Shepherd Michaela Strachan Nicola Wood
Conditions of Business The nature of the relationship between Colchester Zoo Ltd, as auctioneer, and bidders and the terms on which the auction is held are set out below. Bidders’ attention is specifically drawn to Conditions 3 and 4 below, which require them to investigate lots prior to bidding and which contain specific limitations and exclusions of the legal liability of the Auctioneer and Seller. Bidders, as prospective purchasers should pay particular attention to these Conditions. 1. lntroduction (a) A sale contract is made directly between Colchester Zoo Ltd and the Buyer.
2. Common Terms In these Conditions of Business: “Stand Tall” is the event that is owned and managed by Colchester Zoo Ltd. “Bidder” is any person considering, making or attempting to make a bid, by whatever means, and includes Buyers; “Buyer” is the person that makes the highest bid or the winning bid accepted by the auctioneer. The buyer can bid in person or instruct an agent to do so on their behalf. “Buyer’s Expenses” are any costs or expenses due from the Buyer. “Hammer Price” is the highest bid accepted by the auctioneer by the fall of the hammer, or in the case of a post-auction sale, the agreed sale price; “Purchase Price” is the Hammer Price. “Reserve” is the (confidential) minimum Hammer Price at which the Seller has agreed to sell a lot; “Seller” is the person offering a lot for sale – Colchester Zoo Ltd, Registered Company Number 1271226 Registered address – Colchester Zoo, Maldon Road, Stanway, Colchester, Essex, CO3 0SL
3. Duties of Bidders and Colchester Zoo Ltd in respect of items for sale (a) Each lot offered for sale may or may not be available for inspection by Bidders prior to the sale. It is the responsibility of the Bidder to satisfy themselves as to both the condition of the lot and the accuracy of its description. (b) All lots are offered for sale in the condition they are in at the time of the auction on 19th September 2013. It is the bidder’s responsibility to inspect lots prior to purchase. This term applies whether or not bidders are in attendance at the auction. Illustrations included in printed material and on the internet are for identification purposes only and will not convey full information as to the actual condition of lots. (c) Information provided to Bidders in respect of any lot by Colchester Zoo Ltd, including any estimate, whether written or oral and including information in any catalogue, condition or other report, commentary or valuation, is not a representation of fact but rather is a statement of opinion genuinely held by Colchester Zoo Ltd. Any estimate 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. (d) No representations or warranties are made by Colchester Zoo Ltd whether any lot is subject to copyright or whether the Buyer acquires copyright in any lot.
4. Exclusions and limitations of liability to Buyers (a) In the light of the matters in Condition 3 above and subject to Conditions 4(a), neither Colchester Zoo Ltd and/ or the seller: (I) is liable for any errors or omissions in information provided to Colchester Zoo Ltd, whether orally or in writing, 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 law) other than the express warranties given by Colchester Zoo Ltd to the Buyer in Condition 3 of the Sellers’ Conditions of Business; (III) accepts responsibility to any Bidders in respect of acts or omissions (whether negligent or otherwise) by Colchester Zoo Ltd in connection with the conduct of auctions or for any matter relating to the sale of any lot. (b) Without prejudice to Condition 4(b), any claim against Colchester Zoo Ltd or the Seller by a Bidder is limited to the Purchase Price with regard to that lot. Neither Colchester Zoo Ltd nor the Seller shall under any circumstances be liable for any consequential losses. (c) None of this Condition 4 shall exclude or limit Colchester Zoo Ltd liability in respect of any fraudulent misrepresentation made by Colchester Zoo Ltd or the Seller, or in respect of death or personal injury caused by the negligent acts or omissions of Colchester Zoo Ltd or the Seller.
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5. Bidding at Auction (a) Colchester Zoo Ltd have absolute discretion to refuse admission to the auction. Bidders act as principal unless they have Colchester Zoo Ltd’s prior written consent to bid as agent for another party. Bidders are personally liable for their bid and are jointly and severally liable with their principal if bidding as agent. (b) Colchester Zoo Ltd advises Bidders to attend the auction if possible but will seek to carry out proxy and telephone bids that are in pound sterling and that in Colchester Zoo Ltd’s opinion, are clear and received sufficiently in advance of the sale of the lot, endeavouring to ensure that the first received of identical written bids has priority.
6. Conduct of the Auction (a) Unless otherwise specified, all lots are offered subject to a Reserve, which shall be no higher than the low presale estimate at the time of the auction. (b) The auctioneer has discretion at any time to refuse any bid, withdraw any lot, re-offer a lot for sale (including after the fall of the hammer) if he believes there may be error or dispute, and take such other action as he reasonably thinks fit. (c) The auctioneer will commence and advance the bidding at levels and in increments he considers appropriate and is entitled to place a bid or series of bids on behalf of Colchester Zoo Ltd up to the Reserve on the lot, without indicating he is doing so and whether or not other bids are placed. (d) Subject to Condition 6(b), the contract between the Buyer and Colchester Zoo Ltd is concluded on the striking of the auctioneer’s hammer, whereupon the Buyer becomes liable to pay the Purchase Price. (e) Any post-auction sale of lots offered at auction shall incorporate these Conditions as if sold in the auction room.
7. Payment and Collection (a) Your obligation to pay the purchase price arises when the lot is knocked down to you on the fall of the Auctioneer’s hammer in respect of the Lot. (b) Unless agreed in writing with you by Colchester Zoo Ltd, you must pay all sums to Colchester Zoo Ltd in the currency in which the sale was conducted immediately upon winning the lot and you must ensure that the funds are cleared by the 5th working day after the sale. Payment must be made to Colchester Zoo Ltd by cheque, bankers draft, cash, credit card or debit card unless otherwise agreed with you in writing by Colchester Zoo Ltd. There will be a 2% charge for payment by credit or debit card. If you do not pay any sums due in accordance with this clause, the seller will have the rights to withhold the lot. (c) Title in a purchased lot will not pass until Colchester Zoo Ltd has received the Purchase Price for that lot in cleared funds. Colchester Zoo Ltd are not obliged to release a lot to the Buyer until the title of the lot has passed. Any earlier release does not affect the passing of title or the Buyer’s unconditional obligation to pay the Purchase Price. (d) The purchaser is responsible for organising delivery of their purchase and lots must be collected within 5 days of the funds for the full purchase price clearing unless otherwise agreed in writing with Colchester Zoo Ltd. The purchaser will be responsible for paying the daily storage cost of £20 per day from the 5th day after Colchester Zoo Ltd has received the full purchase price in cleared funds. Failure to collect a lot within 5 days of the full purchase price in cleared funds being received by Colchester Zoo Ltd, unless a written agreement has been made with Colchester Zoo Ltd prior to this date, could result in Colchester Zoo Ltd retaining the title of the lot and the decision regarding this will be at Colchester Zoo Ltd’s discretion. Purchased lots are at the Buyer’s risk (and therefore their sole responsibility for insurance) from collection or after 5 days of the purchase price being received by Colchester Zoo Ltd in cleared funds.
8. Failure to pay for the lot (a) If the purchase price for a lot is not paid to Colchester Zoo Ltd in full in accordance with the contract, Colchester Zoo will be entitled, without further notice to you, to exercise one or more of the following rights): (1) To terminate immediately the contract for sale of the lot for your breach of contract (2) To re-sell the lot by auction, private treaty or any other means on giving seven days written notice to you of the intention to resell (3) To retain possession of the lot (4) To remove and store the lot at your expense (5) To take legal proceedings against you for any sum due to the contract for sale and/or damages for the breach of contract (6) To be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of HSBC bank from time to time to be calculated on a daily basis from the date upon which said monies become payable until the date of the actual payment (7) To repossess the lot (or any part thereof) which has not become your property, and for the purpose (unless the buyer buys the lot as a consumer from the seller selling in the course of a business) you hereby grant an irrevocable licence to the seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of the lot or part thereof (8) To retain possession of any other property sold to you by the seller at the sale or any other auction or by private treaty until all sums due under the contract of sale shall have been paid in full in cleared funds (9) To retain possession of, and on three months written notice to sell, without reserve, any of your other property in the possession of Colchester Zoo Ltd (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such sale in satisfaction or part satisfaction of any amounts owed to the seller or to Colchester Zoo Ltd;
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(10) (a) So long as such goods remain in the possession of Colchester Zoo Ltd, to rescind the contract for the sale of any other goods sold to you by the seller at the sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the seller or to Colchester Zoo Ltd by you (b) You agree to indemnify Colchester Zoo Ltd against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to Colchester Zoo Ltd in order to obtain the release of the lot) incurred by the seller (whether or not court proceedings will have to be issued) as a result of Colchester Zoo Ltd taking steps under this clause 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in clause 8.a.6 from the date upon which the seller becomes liable to pay the same until payment by you. (c) on any re-sale of the lot under clause 8.a.2, the Seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the lot, after the payment of all sums due to Colchester Zoo Ltd within 28 days of receipt of such monies by him or on his behalf.
9. The sellers liability (a) The seller will not be liable for any injury, loss or damage caused by the lot after the fall of the Auctioneer’s hammer in respect of the lot. (b) The seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy of the lot or any entry or estimate in relation to the lot.
10. General (a) All images and other materials produced for the auction are the copyright of Colchester Zoo Ltd, for use at the discretion of Colchester Zoo Ltd. (b) Should any provision of these Conditions of Business be held unenforceable for any reason, the remaining provisions shall remain in full force and effect. (c) These Conditions of Business are not assignable by any Buyer without Colchester Zoo Ltd’s prior written consent, but are binding on Buyers’ successors, assigns and representatives. No act, omission or delay by Colchester Zoo Ltd shall be deemed a waiver or release of any of its rights.
11. Law and Jurisdiction (a) Governing Law These Conditions of Business and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by and interpreted in accordance with English law. (b) Jurisdiction For the benefit of Colchester Zoo Ltd, all Bidders and Sellers agree that the Courts of England are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Business relate or apply. (c) Service of Process All Bidders and Sellers irrevocably consent to service of process or any other documents in connection with proceedings in any court by facsimile transmission, personal service, delivery by mail or in any other manner permitted by English law, the law of the place of service or the law of the jurisdiction where proceedings are instituted, at the last address of the Buyer or Seller known to Colchester Zoo Ltd or any other usual address.
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STAND TALL FOR GIRAFFES
AUCTION
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Action for the Wild Registered Charity No: 1105621 Colchester Zoo, Maldon Road, Stanway, Essex, CO3 0SL
Tel: 01206 331292 F: 01206 331392 E: enquiries@colchesterzoo.org
www.colchesterzoo.org www.actionforthewild.org www.umphafa.com
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