11 / 154
condition shall not constitute and shall not be relied upon
by the seller as a representation, warranty or guarantee
as to the value of the Lot or that the Lot will, if sold by the
Auctioneer, be sold for such amount. Such insurance shall
subsist until such time as the Lot is paid for and collected
by the buyer or, in the case of Lots sold which are not paid
for or collected by the buyer by the due date hereunder for
payment or collection such due date or, in the case of Lots
which are not sold, on the expiry of seven (7) days from the
date on which the Auctioneer has notified the seller to collect
the Lots.
Illustration Charges:
27a
. Catalogue illustrations are included at the discretion
of the Auctioneer. Illustration charges will be calculated on
the particular category of sale. These charges are subject to
change. Irish art sale illustrations: €150.00 full page, €100.00
half page, €50 all other sizes. Fine art illustrations: Scaled
fee €100.00 for lots sold for €3,000.00 hammer price & over,
€50.00 for lots sold under €3000.00 hammer price. Contem-
porary picture illustrations: €25.00 per illustration. All lots
illustrated and not sold are charged at €25.00 per illustration.
Recision of Sale
28.
If before the Auctioneer has paid the Proceeds of Sale
to the seller the buyer proves to the satisfaction of the Auc-
tioneer that the Lot sold is a Forgery and the requirements
of condition 20 are satisfied the Auctioneer shall rescind
the sale and refund to the buyer any amount paid to the
Auctioneer by the buyer in respect of the Lot.
Payment of Proceeds of Sale
29
. The Auctioneer shall remit the Proceeds of Sale to the
seller not later than thirty (30) days after the date of the auc-
tion, provided however that, if by that date, the Auctioneer
has not received the Total Amount Due from the buyer then
the Auctioneer shall remit the Proceeds of Sale within seven
(7) working days after the date on which the Total Amount
Due is received from the buyer. If credit terms have been
agreed between the Auctioneer and the buyer the Auction-
eer shall remit to the seller the Proceeds of Sale not later
than thirty (30) days after the date of the auction unless oth-
erwise agreed by the seller. If before the Total Amount Due is
paid by the buyer the Auctioneer pays the seller an amount
equal to the Proceeds of Sale then title to the Lot shall pass
to the Auctioneer. If the buyer fails to pay the Auctioneer the
Total Amount Due within fourteen (14) days after the date of
the auction, the Auctioneer shall endeavour to notify the sell-
er and take the seller’s instructions on the course of action
to be taken and, to the extent that it is in the sole opinion of
the Auctioneer feasible, shall endeavour to assist the seller
to recover the Total Amount Due from the buyer provided
that nothing herein shall oblige the Auctioneer to issue pro-
ceedings against the buyer in the Auctioneer’s own name. If
circumstances do not permit the Auctioneer to take instruc-
tions from the seller or, if after notifying the seller, it does
not receive instructions within seven (7) days, the Auctioneer
reserves the right, and is hereby authorised by the seller at
the seller’s expense, to agree special terms for payments of
the Total Amount Due, to remove, store and insure the Lot
sold, to settle claims made by or against the buyer on such
terms as the Auctioneer shall in its absolute discretion think
fit, to take such steps as are necessary to collect monies due
by the buyer to the seller and, if necessary, to rescind the
sale and refund money to the buyer.
Payment of Proceeds to Overseas Sellers
30
. If the seller resides outside Ireland the Proceeds of Sale
shall be paid to such seller in Euro unless it was agreed
with the seller prior to the auction that the Proceeds of Sale
would be paid in a currency (other than Euro) specified by
the seller in which case the Proceeds of Sale shall be paid by
the Auctioneer to the seller in such specified currency (pro-
vided that that currency is legally available to the Auctioneer
in the amount required) calculated at the rate of exchange
quoted to the Auctioneer by its bankers on the date of pay-
ment. All payment instructions must be in writing.
Charges for Withdrawn Lots
31
. Once catalogued. Lots withdrawn from sale before proof-
ing/publication of Catalogue will be subject to commission
of 5% of the Auctioneer’s latest estimate of the auction
price of the Lot withdrawn together with VAT thereon and
any expenses incurred by the Auctioneer in relation to the
Lot. If Lots are withdrawn after proofing or publication of
Catalogue they will be subject to a commission of 10% of
the Auctioneer’s latest estimate of the auction price of the
Lot withdrawn together with VAT thereon and any expenses
incurred by the Auctioneer in relation to the Lot. All commis-
sion hereunder must be paid for before Lots withdrawn may
be removed.
Unsold Lots
32
. Where any Lot fails to sell at auction the Auctioneer shall
notify the seller accordingly and (in the absence of agree-
ment between the seller and the Auctioneer to the contrary)
such Lot may, in the absolute discretion of the Auctioneer,
be re-entered in the next suitable auction unless instruc-
tions are received from the seller to the contrary, otherwise
such Lots must be collected at the seller’s expense within
the period of thirty (30) days of such notification from the
Auctioneer. Upon the expiry of such period the Auctioneer
shall have the right to sell such Lots by public auction or
private sale and on such terms as the Auctioneer in its sole
discretion may think fit. The Auctioneer shall be entitled to
deduct from the price received for such Lots any sums owing
to the Auctioneer in respect of such Lots including without
limitation removal, storage and insurance expenses, any
commission and expenses due in respect of the prior auction
and commission and expenses in respect of the subsequent
auction together with all reasonable expenses before remit-
ting the balance to the seller. If the seller cannot be traced
the balance shall be placed in a bank account in the name of
the Auctioneer for the seller. Any deficit arising shall be due
from the seller to the Auctioneer. Any Lots returned at the
seller’s request shall be returned at the seller’s risk and ex-
pense and will not be insured in transit unless the Auctioneer
is so instructed by the seller.
Auctioneer’s Right to Photographs and Illustrations
33
. The seller authorises the Auctioneer to photograph and
illustrate any Lot placed with if for sale and further authoris-
es the Auctioneer to use such photographs and illustrations
and any photographs and illustrations provided by the seller
at any time in its absolute discretion (whether or not in con-
nection with the auction).
VAT
34
. It is presumed unless stated to the contrary, that the
items listed herein are auction scheme goods as defined in
the Finance Act 1995.
Artist’s Resale Rights (Droit de Suite)
35.
Government Regulations (S.1. 312/2006), under this leg-
islation a royalty (Droit de Suite) is payable to living artists of
E.U. Nationality on all works resold for €3,000 or more, other
than sold by the artist or the artist’s agent.The resale royalty
payable is calculated as follows
From €3,000 to €50,000 4%
From €50,000.01 to €200,000 3%
From €200,000.01 to €350,000 1%
From €350,000.01 to €500,000 0.5%
Exceeding €500,000 0.25%
The total amount of royalty payable on any individual sale
shall not exceed €12,500. The seller is liable for payment
(paragraph 7.1 of Government Regulations (S.1. 312/2006) of
this royalty on completion of the sale. The artist may request
from the Auctioneer any information necessary to secure
payment. Unless otherwise directed by the vendor, the Auc-
tioneer will automatically deduct the amount due from the
proceeds of sale and will hold in trust for the artist or their
representative the said sum.