ADAM'S - Important Irish Art Auction - 31st May 2017 (Click Lot title for more images and to Place Bid)

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Important Irish Art | 31st May 2017

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 Auction-

eer 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. Notwithstanding 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 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 ownership of a Lot shall not pass to the buyer until he

has paid to the Auctioneer 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 preju-

dice 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 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 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 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 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 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

anderrors ofdescription.Noneoftheseller, theAuctioneernor

any of their employees, servants or agents shall be responsi-

ble for any error of description or for the condition or authen-

ticity 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

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 purchased, 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 market-

able 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 ac-

cepted opinion of scholars or experts or fairly indicated that

there was a conflict of such opinion;