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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 con-
ditions 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 following 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 authorship, 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 contri-
bution towards insurance under condition 26, such VAT as is
chargeable and any other amounts due by the seller to the
Auctioneer in whatever 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 Auc-
tioneer’s Commission due thereon under condition 13, such
VAT as is chargeable and any additional 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 Auctioneer 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 Auction-
eer 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 Auction-
eer’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 auc-
tion. 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 discretion 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 abso-
lute discretion 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 actions, 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 insert-
ed 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 Auctioneer
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 deliv-
ered by post three (3) business days after posting.