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interested in a Lot must exercise and rely on their own judg-
ment 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 interpre-
tation 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 delivered by post three (3) business days
after posting.
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.
Commission
13. The buyer shall pay the Auctioneer a commission at the
rate of 20%, exclusive of V.A.T..
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 (1) day 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 or by the bidder’s own cheque. Cheques
drawn by third parties, whether in the Auctioneer’s favour or
requiring endorsement, shall not be accepted.
Reservation of Title
15. 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
16. The buyer shall at his own expense collect the Lot pur-
chased not later than seven (7) 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 (7) 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 one
(1) day 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
17. 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
remedies it may have, be entitled to exercise one or more of the follow-
ing 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 thepurchased 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 employees, servants or agents shall be responsible for any error
of description or for the condition or authenticity of any Lot. No war-
ranty 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 specif-
ically 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 ques-
tion 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 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 circumstanc-
es shall the Auctioneer be liable for any damage, loss (including conse-
quential, 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-