ADAM'S - IMPORTANT IRISH ART, WEDNESDAY 29TH MARCH 2017 (Click Lot title for more images and to Place Bid)

endorsement, shall not be accepted. We also accept payment by credit

card, Visa & Mastercard subject to a administration charge of 2% of the

total amount due. American Expess 3.65% administration charge. We also

accept debit card payments by way of Laser, with no surcharge, however

the cardholder in person can only make the payment.

Reservation of Title

. Notwithstanding delivery or passing of risk to the buyer the owner-

ship of a Lot shall not pass to the buyer until he has paid to the Auction-

eer the Total Amount Due.

Collection of Purchases

. The buyer shall at his own expense collect the Lot purchased not later

than seven (2) days after the date of the auction but (unless credit terms

have been agreed with the Auctioneer pursuant to condition 14) not

before payment to the

Auctioneer of the Total Amount Due.

The buyer shall be responsible for any removal, storage and insurance

charges in respect of any Lot which is not taken away within seven (2)

days after the date of the auction.

The purchased Lot shall be at the buyer’s risk in all respects from the

earlier of the time of collection or the expiry of (2) days from the date of

the auction. Neither the Auctioneer nor its employees, servants or agents

shall thereafter be liable for any loss or damage of any kind howsoever

caused while a purchased Lot remains in its custody or control after such

time

Packaging and Handling of Purchased Lots

. Purchased Lots may be packed and handled by the Auctioneer, its

employees, servants or agents. Where this is done it is undertaken solely

as a courtesy to buyers and at the discretion of the Auctioneer. Under no

circumstances shall the Auctioneer, its employees, servants or agents be

liable for damage of any kind and howsoever caused to glass or frames

nor shall the Auctioneer be liable for the errors or omissions of, or for

any damage caused by, any packers or shippers which the Auctioneer

has recommended.

Non-Payment or Failure to Collect Purchased Lots

18.

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 rem-

edies 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 at any other auction;

(c)

To resell the Lot or cause it to be resold whether by public auction

or private sale. In the event that there is a deficiency between the Total

Amount Due by the buyer and the amount received by the Auctioneer

on such resale after 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 elsewhere) 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 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 payment is

due hereunder to the date of actual payment;

(f)

To retain that Lot or any other Lot purchased by the buyer 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 any 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 or whatever reason.

Liability of Auctioneer and Seller

19.

Prior to auction ample opportunity is given for the inspection of the

Lots on sale and each buyer by making a bid acknowledges that he has,

by exercising and relying on his own judgment, satisfied himself as to the

physical condition, 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 employ-

ees, 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, ser-

vants or agents in respect of any Lot and any condition or warranty ex-

press, or implied by statute or otherwise is hereby specifically excluded.

Forgeries

20.

Any amount paid by a buyer in respect of a Lot which, if it is proved

within three (3) years of the date of the auction at which it was pur-

chased, to have been a Forgery shall be refunded to the seller subject to

the provisions hereof, provided that:

(a)

The Lot has been returned by the buyer to the Auctioneer within

three (3) years of the date of the auction in the same condition 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 marketable title to the Lot free from

any third party claims;

FURTHER PROVIDED THAT the buyer shall have no rights hereunder if:

(i) The description of the Lot in the Catalogue at the time of the auction

was in accordance with the then generally accepted opinion of 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 auction in question

that the Lot was a Forgery would have been by means of scientific pro-

cesses which were not generally accepted for use until after the date of

the auction or which were unreasonably expensive or impractical.

The buyer’s sole entitlement under this condition is to a refund 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 consequen-

tial, 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 assignable. The buyer shall for the purpose of this con-

dition be the person to whom the original invoice in respect of the sale of

the Lot is made.

Photographs

. 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

22a) All lots are sold within the Auctioneer’s VAT margin scheme. Reve-

nue Regulations require that the buyers premium must be invoiced at

a rate which is inclusive of VAT. This VAT is not recoverable by any VAT

registered buyer.

CONDITIONS WHICH MAINLY CONCERN THE SELLER

Auctioneer’s Discretion

. With regard to the sale of any Lot the Auctioneer shall have the fol-

lowing 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 Auction-

eer 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 obtained and to

submit Lots for examination by any such experts.

(v) To determine what illustration of a Lot (if any) is to be included in the

Catalogue.

Seller’s Warranty and Indemnity

. 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.