Adam's The Deborah Brown Collection 1st October 2024

120 eer within 3 years of the date of the auction in the same con- dition in which it was at the time of the auction together with evidence proving that it is a Forgery, the number of the Lot and the date of the auction at which it was purchased; (b) The Auctioneer is satisfied that the Lot is a Forgery and that the buyer has and is able to transfer good and market- able title to the Lot free form any third party claims; FURTHER PROVIDED THAT t he buyer shall have no rights here under if: (i) The description of the Lot in the Catalogue at the time of the auction was in accordance with the then generally accept- ed opinion of the scholars or experts or fairly indicated that there was a conflict of such opinion; (ii) The only method of establishing at the time of the auc- tion in question that the Lot was a Forgery would have been by means of scientific processes which were not generally accepted for use until after the date of the auction or which were unresonably expensive or impratical. The buyer’s sole entitlement under this condition is to a re- fund of the actual amount paid by him in respect of the Lot. Under no circumstances shall the Auctioneer be liable for any damage, loss (including consequential, indirect or economic loss) or expense suffered or incurred by the buyer by reason of the Lot being a Forgery. The benefit of this condition shall be solely and exclusively for the buyer and shall not be assign- able. The buyer shall for the purpose of this condition be the person to whom the original invoice in respect of the sale of the Lot is made. Photographs 20. The buyer authorises the Auctioneer at any time to make use of any photographs or illustrations of the Lot purchased by the buyer for such purposes as the Auctioneer may require. New VAT Regulations 21. All lots are sold within the Auctioneer’s VAT margin scheme. Revenue Regulations require that the buyer’s premi- um must be invoiced at a rate which is inclusive of VAT. This VAT is not recoverable by any VAT registered buyer. Buyer’s Premium 22. The Auctioneer may also charge a fee to the purchaser “the buyer’s premium”. The buyer’s premium is a commission paid by the buyer to the Agent in addition to the sale price. The standard buyer’s premium shall be 25% inclusive of VAT, and may be subject to change. Internet Bidding 23. These terms and conditions apply to all internet bidding at sales conducted by, or in conjunction with, Adam’s, covering both live auctions and online-only timed auctions. Internet bidding conditions are in conjunction to those which are cov- ered in our General Terms and Conditions of Business. Registration Before you can bid via Internet Bidding, you must register to bid online by signing up for a ‘My Adam’s’ account. Bidders must be registered at least 24 hours prior to the start of any Sale or you may not be able to bid online in that Sale. You will be liable for any and all bids made via your account. Internet Bidding Process Each bid made online shall be final and binding as soon as you click the Bid button. The bidder holds sole responsibility for any bid submitted, including those made in error, and will be held liable for the full payment and collection of the lot if named the winning bidder. In the event of a tie between a bid placed by you online and any other identical bid(s) (including bids made in person at the Sale, telephone bids, absentee bids, and other internet bids), it will be at the auctioneer’s discretion as to which bid shall be accepted. Adam’s reserves the right to reject a registration to bid online, withdraw its permission for you to use Internet Bidding, or terminate an Internet Bidding account, for any reason at any time prior to, during or after a Sale without prior notice. If you choose to use the Internet Bidding service, you do so entirely at your own risk. Adam’s does not take responsibil- ity for any issues regarding internet bidding functionality or delays which may occur due to software or hardware com- plications. CONDITIONS 24-40 (INCLUSIVE) PREDOMI- NANTLY CONCERN THE SELLER Auctioneer’s Discretion 24. With regard to the sale of any Lot the Auctioneer shall have the following powers exercisable solely in the discretion of the Auctioneer. (i) To decide whether to offer any Lot for sale or not. (ii) To decide whether a particular Lot is suitable for sale by the Auctioneer and, if so, to determine which auction, the place and date of sale, the conditions of sale and the manner in which such sale should be conducted. (iii) To determine the description of any Lot in a Catalogue. (iv) To decide whether the views of any expert shall be ob- tained and to submit Lots for examination by any such ex- perts. (v) To determine what illustration of a Lot (if any) is to be in- cluded in the Catalogue. Seller’s Warranty and Indemnity 25. The seller warrants to the Auctioneer and to the buyer that he is the true owner of the Lot or is legally authorised to sell the Lot on behalf of the true owner and can transfer good and marketable title to the Lot free from any third party claims. As regards Lots not held by the Auctioneer on its premises or under its control the seller warrants and undertakes to the Auctioneer and the buyer that the Lot will be available and in a deliverable state on demand by the Auctioneer or buyer. The seller shall indemnify the Auctioneer and the buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the seller. Commission 26. The Seller shall pay the Auctioneer commission at the rate of 10% on the Hammer Price of all Lots sold on behalf of the seller at Irish Art Sales and 17.5% on all other sales together with VAT thereon at the applicable rate. Minimum charges are detailed below. The seller authorises the Auctioneer to deduct from the Hammer Price, paid by the buyer, the Auctioneer’s Commission under this condition; VAT payable at the appli- cable rates and any other amounts due by the seller to the Auctioneer in whatever capacity howsoever arising. The seller agrees that the Auctioneer may also receive commission from