180
D
EFINITIONSANDGENERALCONDITIONS
Definitions
1.
In these conditions the followingwords and expressions shall have the followingmeanings:
‘Auctioneer’
– James Adam& Sons.
‘Auctioneer’sCommission’
–The commission payable to the Auctioneer by the buyer and seller as specified in conditions 13
and 25.
‘Catalogue’
–Any advertisement, brochure, estimate, price list 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 andwhich is not shown to be such in the description therefore in theCatalogue and themarket 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.
‘HammerPrice’
–The price at which a Lot is knockeddown by theAuctioneer to the buyer.
‘Lot’
–Any itemwhich is depositedwith the Auctioneer with a view to its sale at auction and, in particular, the item or items
described against any Lot number in anyCatalogue.
‘Proceeds of Sale’
–The net amount due to the seller being the Hammer Price of the Lot after deducting the Auctioneer’s
Commission thereonunder condition25 the seller’s contribution towards insuranceunder condition26, suchVAT as is charge-
able and any other amounts due by the seller to theAuctioneer inwhatever 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.
‘SaleOrder Form’
–The sale order form to be completed and signedby each seller prior to the commencement of an auction.
‘TotalAmountDue’
–TheHammer Price of theLot sold, theAuctioneer’sCommissiondue thereonunder condition13, such
VAT as is chargeable and any additional interest, expenses or charges due hereunder.
‘V.A.T.’
–ValueAddedTax.
CataloguingPractice andCatalogueExplanations
2.
Terms used inCatalogues have the followingmeanings and theCataloguing Practice is as follows:
The first name or names and surname of the artist;
In the opinion of the Auctioneer awork by the artist.
The initials of the first name(s) and the surname of the artist;
In the opinion of the Auctioneer awork of the period of the artist andwhichmay be inwhole or in part thework of the artist.
The surname only of the artist;
In the opinion of the Auctioneer awork 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 thework of the artist.
‘Signed’/’Dated’/’lnscribed’;
In the opinion of the Auctioneer thework has been signed/dated/inscribed by the artist.
‘With Signature’/’withdate’/’with inscription’;
In the opinion of the Auctioneer thework has been signed/dated/inscribed by a person other than the artist.
‘Attributed to’;
In the opinion of the Auctioneer probably awork of the artist.
‘Studio of/Workshop of’
In the opinion of the Auctioneer awork executed in the studio of the artist and possibly under his supervision.
‘Circle of’;
In the opinion of the Auctioneer awork of the period of the artist and showing his influence.
‘Follower of’;
In the opinion of the Auctioneer awork executed in the artist’s style yet not necessarily by a pupil.
‘Manner of’;
In the opinion of the Auctioneer awork executed in artist’s style but of a later date.
‘*’;
None of the terms above are appropriate but in the Auctioneer’s opinion thework is awork by the artist named.
GENERALCONDITIONS
AuctioneerActing asAgent
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.
AuctioneerBiddingonbehalf 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 toAuctions
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
.
TheAuctioneer shall have the right exercisable in its absolutediscretion to refuse anybids, advance thebidding in anymanner
itmay decide, withdraw or divide any Lot, combine any two ormore 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 andhowsoever incurredor sufferedby the person entitled to the benefit of the indemnity and theAuctioneer declares
itself tobe a trusteeof thebenefit of every such indemnity for its employees, servants or agents to the extent that such indemnity
is expressed to be for their benefit.
Representations inCatalogues
8
.
Representations or statementsmade by theAuctioneer in anyCatalogue as to contribution, authorship, genuineness, source,
origin, date, age, provenance, conditionor estimated sellingpriceor value is a statement of opiniononly.Neither theAuctioneer
nor its employees, servants or agents shall be responsible for the accuracy of any suchopinions. Everyperson interested in aLot
must exercise and rely on their own judgment and opinion as to suchmatters.
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, themeaning or interpretation thereof.
GoverningLaw
10
.
These conditions shall be governed by and construed in accordancewith IrishLaw.
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 inwriting and shall be sufficiently given if deliveredbyhandor sent bypost to, in the case of the buyer, the address
of the buyer specified in theRegistrationForm 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 communicationgiven in accordancewith this condition shall bedeemed tohavebeen received if deliveredbyhandon
the day and time of delivery and if delivered by post three (3) business days after posting.
GeneralTerms andConditions 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 relatemainly to sellers.Words andphrases with specialmeanings are defined in condition 1. Buyers and sellers are requested to read carefully theCataloguing Practice andCatalogue Explanation contained in condition 2.
