Terms Of Service

These terms set out the basis on which Tarquins Records provides buyer-side sourcing, shortlist review, auction attendance, auction representation, and related record-acquisition services.

Scope of service

Tarquins Records acts on the buyer side only. Services may include locating target items, checking likely pressing or condition details, preparing shortlists, attending auctions, placing bids or arranging representation, and coordinating purchase follow-through where agreed in writing.

Tarquins Records is not a marketplace, not a general retailer, and not acting for sellers. Any mandate is accepted only as a buyer-side instruction and only for the specific services agreed.

Appointment and authority

Where Tarquins Records agrees to act, the client appoints Tarquins Records as buyer-side agent for the relevant instruction and authorises Tarquins Records to make enquiries, review listings, attend viewings, communicate with auction houses or sellers where appropriate, and bid or negotiate within the agreed limits.

Authority is limited to the scope, budget, and bidding instructions confirmed by the client. Tarquins Records may rely on written instructions, including email and message instructions, as authority to proceed unless and until those instructions are varied or withdrawn in writing.

Territory focus

Tarquins Records prefers to act as a buyer-side agent in English-speaking and French-speaking territories and is mainly set up for the acquisition of music items within Europe.

Instructions outside those territories or outside the European music market may still be considered, but only where Tarquins Records confirms that the mandate is commercially and logistically suitable.

No guarantee of acquisition

An instruction to search for, attend, or represent a buyer at auction does not guarantee that an item will be found, secured, or acquired. Availability, bidding competition, seller conduct, condition issues, reserve prices, auction house decisions, and late changes outside Tarquins Records’ control can all affect outcome.

Bidding limits and auction instructions

Unless otherwise agreed in writing, Tarquins Records will bid only up to the client’s stated limit. The client should make clear whether the limit is a hammer bid limit or a total spend limit inclusive of buyer’s premium, taxes, and other charges.

If the client gives a hammer limit, Tarquins Records may treat that as authority to bid up to that hammer figure only, with the client remaining responsible for buyer’s premium, taxes, and any other auction charges unless the instruction states otherwise.

Tarquins Records may refuse or pause bidding if instructions are unclear, if the lot appears materially different from the description relied upon, if the auction house changes the lot details, or if there is any practical reason why proceeding would not be commercially sensible.

Condition, description, and authenticity

Tarquins Records uses reasonable care when assessing listings, catalogue data, seller descriptions, photographs, and available provenance, but does not give an absolute guarantee of condition, authenticity, completeness, pressing details, or future resale value unless expressly stated in writing.

Any assessment is based on the information available at the time and may be limited by catalogue wording, image quality, third-party descriptions, and access restrictions. The client accepts that auction and dealer descriptions are not a substitute for a full inspection unless Tarquins Records has expressly agreed to carry one out.

Client instructions

The client is responsible for giving clear instructions on budget, priority, acceptable condition, territories, variants, and any non-negotiable requirements. Tarquins Records may rely on those instructions when searching, shortlisting, or representing the buyer.

If the client does not provide clear instructions, Tarquins Records may act on the basis of what it reasonably understands to be the client’s commercial objective, but is not responsible for losses arising from ambiguity, omission, or late changes to the brief.

Deposits, cleared funds, and escrow

Where the expected hammer price, bidding limit, or combined mandate exposure is above £1,000 GBP, or the nearest round equivalent in local currency of the same order of value, Tarquins Records may require cleared funds to be placed in escrow with a solicitor before auction attendance or bidding begins, unless Tarquins Records confirms a different arrangement in writing.

For guidance, Tarquins Records may treat approximately €1,200 EUR, ¥200,000 JPY, or 5,000 QAR as the corresponding local-currency threshold for this higher-value requirement. Below that level, Tarquins Records may agree another payment structure in writing.

The escrow amount must be sufficient to cover the expected hammer exposure and any associated buyer-side costs that may arise under the agreed instruction, including attendance costs and disbursements.

Auction attendance costs and disbursements

All costs of attending, travelling to, preparing for, and carrying out an auction mandate are payable by the client whether or not any lot is successfully acquired.

These costs may include, where relevant, travel time, rail or air fares, mileage, taxis, parking, accommodation, subsistence, venue access costs, document handling, courier coordination, packing, shipping, insurance, customs-related handling, and other reasonable out-of-pocket expenses connected with the instruction.

Tarquins Records may require those costs to be funded in advance through solicitor escrow, an agreed retainer, or another written payment arrangement before attendance takes place.

Attendance cost estimate and written approval

Before travel or attendance begins, Tarquins Records may issue a fixed attendance fee, a written cost estimate, or a short schedule of anticipated expenses for the relevant mandate.

The client’s written approval by email, message, signed instruction, or other written channel is sufficient authority for Tarquins Records to incur those attendance costs and to recover them from escrow, retainer funds, or direct reimbursement.

If materially higher attendance costs become necessary because of changes to the sale timetable, venue, travel routing, additional viewing requirements, or other circumstances outside Tarquins Records’ reasonable control, Tarquins Records will seek further written approval where practicable before incurring the additional amount.

Buyer’s premium, taxes, and auction charges

Where an item is successfully acquired, the client is responsible for the hammer price together with buyer’s premium, VAT or equivalent taxes, import charges, and any auction house or third-party charges applicable to the lot or the transaction.

If Tarquins Records pays any such sums on the client’s behalf, those sums are recoverable from the client as part of the mandate settlement unless the parties agree otherwise in writing.

Use of escrowed funds after a successful acquisition

Where an auction item or items are successfully acquired under the agreed mandate, the legal representative holding the escrowed funds may, in accordance with the agreed instruction, apply those funds toward:

• auction attendance costs, travel expenses, and other agreed disbursements already incurred in carrying out the mandate
• the purchase price of the item or items
• buyer’s premium, taxes, or equivalent auction charges where applicable
• delivery, shipping, packing, insurance, or collection costs
• the agreed commission payable to Tarquins Records

Return of escrowed funds where no purchase completes

If no acquisition is completed under the relevant auction mandate, the legal representative will return the unused balance of the client’s escrowed funds securely to the client’s nominated account, after deducting any attendance costs, travel expenses, solicitor handling charges, bank charges, and other third-party or agreed costs properly incurred in carrying out the instruction, including any approved attendance fee or approved estimate.

Lower-priced items and post-event settlement

For lower-priced items, Tarquins Records may allow settlement after the event once a working relationship has been established and Tarquins Records is satisfied that post-event settlement is appropriate for the instruction. Any such relaxation is discretionary and must be agreed case by case.

Any post-event settlement arrangement remains conditional on prompt payment in full and may be withdrawn if funds are not received when due or if the client’s payment history gives reasonable cause for concern.

Commission and additional costs

Commission, attendance costs, travel expenses, and any handling arrangements should be agreed before purchase activity begins wherever possible. If a matter proceeds urgently, Tarquins Records may confirm those points by email or another written channel before funds are applied, and the client’s written approval will be treated as binding authority to proceed on that basis.

Any commission, fee, or expense estimate is exclusive of third-party charges unless expressly stated otherwise. Tarquins Records may also recover reasonable disbursements incurred in performing the mandate.

Title, risk, and collection coordination

Title to any purchased item passes in accordance with the terms of the relevant auction house, seller, or invoice terms. Risk, collection, packing, shipping, and insurance are the client’s responsibility unless Tarquins Records expressly agrees in writing to arrange a particular step on the client’s behalf.

Where Tarquins Records helps coordinate collection or onward delivery, it does so as a convenience only and not as a carrier, insurer, or bailee. Tarquins Records is not responsible for loss or damage once the item has been released by the auction house, seller, or other holding party, except to the extent caused by Tarquins Records’ proven negligence in arranging the agreed service.

Cancellations and withdrawal of instructions

The client may withdraw an instruction at any time by written notice, but remains responsible for all costs, commitments, and disbursements already incurred or irrevocably committed before the withdrawal takes effect.

If Tarquins Records has already reserved time, attended a viewing, travelled, bid, or otherwise acted on the instruction, any agreed fee or recoverable expense remains payable even if the client later decides not to proceed.

Discretion and confidentiality

Tarquins Records may handle instructions on a discreet basis. Where requested and appropriate, additional confidentiality arrangements, including an NDA, may be agreed separately.

The client agrees not to disclose Tarquins Records’ bidding strategy, sourcing contacts, or confidential commercial information except where disclosure is required for the transaction or agreed in writing.

Liability

To the fullest extent permitted by law, Tarquins Records will not be liable for indirect or consequential loss, missed opportunities, seller default, auction house conduct, courier failure, customs issues, market movements, or other matters outside its reasonable control.

Tarquins Records’ total liability arising out of any instruction will not exceed the fees actually paid to Tarquins Records for the specific instruction giving rise to the claim, except where liability cannot lawfully be limited.

Nothing in these terms excludes liability that cannot lawfully be excluded.

Changes

These terms may be updated from time to time. The version in force at the time of the relevant instruction or mandate will apply unless otherwise agreed in writing.