Adam's The Deborah Brown Collection 1st October 2024

119 9. These conditions shall be governed by and construed in accordance with Irish Law. Notices 10 . Any notice or other communication required to be giv- en by the Auctioneer hereunder to a buyer or a seller shall, where required, be in writing and shall be sufficiently given if delivered by hand or sent by post to, in the case of the buyer, the address of the buyer specified in the Registration Form or Register, and in the case of the seller, the address of the seller specified in the Sale Agreement Form or to such other address as the buyer or seller (as appropriate) may notify the Auctioneer in writing. Every notice or communica- tion given in accordance with this condition shall be deemed to have been received if delivered by hand on the day and time of delivery and if delivered by post three (3) business days af- ter posting. Conflict of Interest 11. The Auctioneer affirms that no conflict of interest exists that prevents him/her providing the property service for the Client. Records 12. The Auctioneer will keep a record of the services pro- vided on foot of any Agreement for 6 years. All financial re- cords must be kept for 7 years. Bank Account 13. The Auctioneer’s “Client Account” is held at: Bank of Ireland 39 St. Stephen’s Green Dublin 2 Client Monies 14. Any interest credited to the Client Account in respect of monies held by the Auctioneer will be dispersed in ac- cordance with the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012. Complaints 15. Any complaint which the Client may have arising un- der this Agreement may be dealt with by Eamon O’Con- nor - email: e.oconnor@adams.ie - tel: +353 1 6760261 . A response will issue within 10 working days of receipt of the complaint. Where the Client is dissatisfied with the response to the complaint received from the Auctioneer, the Client may make a complaint to: Property Services Regulatory Author- ity, Abbey Buildings, Abbey Road, Navan, Co Meath, C15 K7PY. Statement of obligations on the Auctioneer pursuant to section 42 and 43 of the Criminal Justice (Money Laun- dering and Terrorist Financing) Act 2010 16. The Auctioneer is obliged under sections 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Fi- nancing) Act 2010 to report to An Garda Síochána and the Revenue Commissioners suspicious transactions and trans- actions involving places designated under section 32 of that Act. The maximum cash accepted per transaction is €8,000. For any cash payments in excess of €500, a PSRA cash origin form will have to completed. CONDITIONS 17-22 (INCLUSIVE) PREDOMI- NANTLY CONCERN THE BUYER Non-Payment or Failure to Collect Purchased Lots 17. If a buyer fails to pay for and/or collect any purchased Lot by the dates herein specified for payment and collection the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer: (a) To issue court proceedings for damages for breach of contract. (b) To rescind the sale of that Lot or any other Lots sold to the buyer whether at that or any other auction. (c) To resell the Lot or cause it to be resold whether by pub- lic auction or private sale. In the event that there is a defi- ciency between the Total Amount Due by the buyer and the amount received by the Auctioneer on such resale after the deduction of any necessary expenses the difference shall be paid to the Auctioneer by the buyer. Any surplus arising shall belong to the seller. (d) To store (whether at the Auctioneer’s premises or else- where) and insure the purchased Lot at the expense of the buyer. (e) To charge interest on the Total Amount Due at the rate of 2% over and above the base interest rate from time to time of Bank of Ireland or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which the payment is due hereunder to the date of actual payment. (f) To retain that Lot or any other Lot purchased by the buy- er whether at the same or any other auction and release same to the buyer only after payment to the Auctioneer of the Total Amount Due. (g) To apply sums which the Auctioneer received in respect of Lots being sold by the buyer towards settlement of the Total Amount Due. (h) To exercise a lien on any property of the buyer in the possession of the Auctioneer for whatever reason. Liability of Auctioneer and Seller 18 . Prior to auction ample opportunity is given for the in- spection of the Lots on sale and each buyer by making a bid acknowledges that he has, by exercising and relying on his own judgement, satisfied himself as to the physical condi- tion, age and Catalogue description of each Lot (including but not restricted to whether the Lot is damaged or has been repaired or restored). All Lots are sold with all faults and imperfections and errors of description. None of the seller, the Auctioneer nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any Lot. No warranty whatsoever is given by the seller or Auctioneer or by any of their employees, servants or agents in respect of any Lot and any condition or warranty express or implied by statute or otherwise is hereby specifically excluded. Forgeries 19. Any amount paid by a buyer in respect of a Lot which, if it is proved within 3 years of the date of the auction at which it was purchased, to have been a Forgery shall be refunded by the seller subject to the provisions hereof, provided that: (a) The Lot has been returned by the buyer to the Auction-