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GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed with the
Auctioneer or set out in any relevant Catalogue. Conditions 12-21 relate mainly to buyers and conditions 22-32 relate mainly to sellers. Words and phrases with
special meanings are defined in condition 1. Buyers and sellers are requested to read carefully the Cataloguing Practice and Catalogue Explanation contained in
condition 2.
DEFINITIONS
1
. In these conditions the following words and expressions shall have the follow-
ing meanings:
Auctioneer - James Adam and Sons trading as Adam’s.
Auctioneer’s Commission - The commission payable to the Auctioneer by the
buyer and seller as specified in conditions 13 and 25.
Catalogue - Any advertisement, brochure, estimate, price or other publication.
Forgery - A Lot which was made with the intention of deceiving with regard to au-
thorship, culture, source, origin, date, age or period and which is not shown to be
such in the description therefore in the Catalogue and the market value for which
at the date of the auction was substantially less than it would have been had the
Lot been in accordance with the Catalogue description.
Hammer Price - The price at which a Lot is knocked down by the Auctioneer to the
buyer.
Lot - Any item which is deposited with the Auctioneer with a view to its sale at
auction and, in particular, the item or items described against any Lot number in
any Catalogue.
Proceeds of Sale - The net amount due to the seller being the Hammer Price of
the Lot after deducting the Auctioneer’s Commission thereon under condition
25 the seller’s contribution towards insurance under condition 26, such VAT as is
chargeable and any other amounts due by the seller to the Auctioneer in whatev-
er capacity howsoever arising.
Registration Form or Register - The registration form (or, in the case of persons
who have previously attended at auctions held by the Auctioneer and completed
registration forms, the register maintained by the Auctioneer which is compiled
from such registration forms) to be completed and signed by each prospective
buyer or, where the Auctioneer has acknowledged pursuant to condition 12 that
a bidder is acting as agent on behalf of a named principal, each such bidder prior
to the commencement of an auction.
Sale Order Form - The sale order form to be completed and signed by each seller
prior to the commencement of an auction.
Total Amount Due - The Hammer Price of the Lot sold, the Auctioneer’s Commis-
sion due thereon under condition 13, such VAT as is chargeable and any addition-
al interest, expenses or charges due hereunder.
V.A.T. - Value Added Tax.
Cataloguing Practice & Catalogue Explanations
2
. Terms used in Catalogues have the following meanings and the Cataloguing
Practice is as follows:
The first name or names and surname of the artist - In the opinion of the Auction-
eer a work by the artist.
The initials of the first name(s) and the surname of the artist - In the opinion of
the Auctioneer a work of the period of the artist and which may be in whole or in
part the work of the artist.
The surname only of the artist - In the opinion of the Auctioneer a work of the
school or by one of the followers of the artist or in his style.
The surname of the artist preceded by ‘after’ - In the opinion of the Auctioneer a
copy of the work of the artist.
Signed/Dated/Inscribed - In the opinion of tile Auctioneer the work has been
signed/dated/inscribed by the artist.
With Signature/With date/With inscription’- In the opinion of the Auctioneer the
work has been signed/dated/inscribed by a person other than the artist.
Attributed to - In the opinion of the Auctioneer, probably a work of the artist.
Studio of/Workshop of - In the opinion of the Auctioneer a work executed in the
studio of the artist and possibly under his supervision.
Circle of - In the opinion of the Auctioneer a work of the period of the artist and
showing his influence.
Follower of - In the opinion of the Auctioneer a work executed in the artist’s style
yet not necessarily by a pupil.
Manner of - in the opinion of the Auctioneer a work executed in artist’s style but
of a later date.
None of the terms above are appropriate but in the Auctioneer’s opinion the work
is a work by the artist named.
GENERAL CONDITIONS
Auctioneer Acting as Agent
3.
The Auctioneer is selling as agent for the seller unless it is specifically stated
to the contrary. The Auctioneer as agent for the seller is not responsible for any
default by the seller or the buyer. The auctioneer reserves the right to bid on
behalf of the seller.
Auctioneer Bidding on behalf of Buyer
4.
It is suggested that the interests of prospective buyers are best protected and
served by the buyers attending at an auction. However, the Auctioneer will, if
instructed, execute bids on behalf of a prospective buyer. Neither the
Auctioneer nor its employees, servants or agents shall be responsible
for any neglect or default in executing bids or failing to execute bids.
Admission to Auctions
5.
The Auctioneer shall have the right exercisable in its absolute discre-
tion to refuse admission to its premises or attendance at its auctions
by any person.
Acceptance of Bids
6.
The Auctioneer shall have the right exercisable in its absolute dis-
cretion to refuse any bids, advance the bidding in any manner it may
decide, withdraw or divide any Lot, combine any two or more Lots and,
in the case of a dispute, to put any Lot up for auction again.
Indemnities
7.
Any indemnity given under these conditions shall extend to all ac-
tions, proceedings, claims, demands, costs and expenses whatever and
howsoever incurred or suffered by the person entitled to the benefit of
the indemnity and the Auctioneer declares itself to be a trustee of the
benefit of every such indemnity for its employees, servants or agents
to the extent that such indemnity is expressed to be for their benefit.
Representations in Catalogues
8.
Representations or statements made by the Auctioneer in any
Catalogue as to contribution, authorship, genuineness, source, origin,
date, age, provenance, condition or estimated selling price or value is
a statement of opinion only. Neither the Auctioneer nor its employees,
servants or agents shall be responsible for the accuracy of any such
opinions. Every person interested in a Lot must exercise and rely on
their own judgment and opinion as to such matters.
9. The headings of the conditions herein contained are inserted for
convenience of reference only and are not intended to be part of, or to
effect, the meaning or interpretation thereof.
Governing Law
10
. These conditions shall be governed by and construed in accordance
with Irish Law.
Notices
11. Any notice or other communication required to be given 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 Order Form or to such other
address as the buyer or seller (as appropriate) may notify the Auction-
eer in writing. Every notice or communication 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 after posting.
CONDITIONS WHICH MAINLY CONCERN THE BUYER
The Buyer
12.
The buyer shall be the highest bidder acceptable to the Auctioneer
who buys at the Hammer Price. Any dispute which may arise with
regard to bidding or the acceptance of bids shall be settled by the
Auctioneer. Every bidder shall be deemed to act as principal unless
the Auctioneer has prior to the auction, acknowledged in writing that a
bidder is acting as agent on behalf of a named principal.
The Commission
13.
The buyer shall pay the Auctioneer a commission at the rate of
20% of the Hammer Price, exclusive of VAT at the applicable rate on all
individual lots.
Payment
14.
Unless credit terms have been agreed with the Auctioneer before
the auction the buyer of a Lot shall pay to the Auctioneer within one
(2) days from the date of the auction the Total Amount Due. Notwith-
standing this, the Auctioneer may, in its sole discretion, require a buyer
to pay a deposit of 25% of the Total Amount Due at the conclusion of
the auction.
The Auctioneer may apply any payments received by a buyer towards
any sums owing from that buyer to the Auctioneer on any account
whatever regardless of any directions of the buyer or his agent in that
regard whether express or implied.
The Auctioneer shall only accept payment from successful bidders in
cash, draft in Euro or by the bidder’s own cheque drawn on an Irish
bank account vouched to the satisfaction of the Auctioneer. Cheques
drawn by third parties, whether in the Auctioneer’s favour or requiring