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800Years IrishPolitical, Literary&MilitaryHistory - 15thApril2014
TheBuyer
12.
The buyer shall be the highest bidder acceptable to the Auctioneer who buys at theHammer Price. Any dispute whichmay
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 inwriting that a bidder is acting as agent on behalf of a
namedprincipal.
Commission
13.
The buyer shall pay theAuctioneer a commission at the rate of 20%,
exclusive
ofV.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 theTotal AmountDue at the conclusion of the auction.
The Auctioneermay 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 regardwhether express or implied.
TheAuctioneer shall only accept payment from successful bidders in cashor by the bidder’s own cheque.Cheques drawnby third
parties, whether in theAuctioneer’s favour or requiring endorsement, shall not be accepted.
ReservationofTitle
buyer until he has paid to theAuctioneer theTotal AmountDue.
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 theAuctioneer theTotal AmountDue.
Collectionof Purchases
16.
The buyer shall at his own expense collect the Lot purchased 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
theTotal AmountDue.
Thebuyer shall be responsible for any removal, storage and insurance charges in respect of anyLotwhich is not taken awaywithin
seven (7) days after the date of the auction.
The purchasedLot 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 kindhowsoever causedwhile a purchasedLot remains in its custody or control after such time.
Packaging andHandlingof PurchasedLots
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 tobuyers and at the discretionof theAuctioneer.Under no circumstances shall theAuctioneer, its
employees, servants or agents be liable for damage of anykind andhowsoever caused to glass or frames nor shall theAuctioneer be
liable for the errors or omissions of, or for anydamage causedby, anypackers or shipperswhich theAuctioneer has recommended.
Non-Payment or Failure toCollect PurchasedLots
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 absolutediscretion andwithout prejudice to anyother rights or remedies itmayhave, be entitled to exercise
one ormore 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 theLot or cause it tobe resoldwhether bypublic auctionor private sale. In the event that there is a deficien-
cy 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 theAuctioneer’s premises or elsewhere) and insure the
purchasedLot at the expense of the buyer.
(e)
To charge interest on theTotal AmountDue 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 onwhichpayment is due hereunder to the date of actual payment.
(f)
To retain that Lot or anyother Lot purchasedby the buyerwhether at the same or anyother auction and release same
to the buyer only after payment to theAuctioneer of theTotal AmountDue.
(g)
To apply any sumswhich theAuctioneer received in respect of Lots being soldby the buyer towards settlement of the
Total Amount Due.
(h)
To exercise a lien on any property of the buyer in the possession of theAuctioneer or whatever reason.
Liabilityof Auctioneer andSeller
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 hehas, by exercising and relyingonhis own judgment, satisfiedhimself as to thephysical condition, age and
Cataloguedescriptionof eachLot (includingbut not restricted towhether theLot is damagedor has been repairedor restored).
All Lots are soldwith all faults and imperfections and errors of description.None of the seller, theAuctioneer 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.
Nowarrantywhatsoever 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 provedwithin three (3) years of the date of the auction at
which it was purchased, tohave 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 theAuctioneer within three (3) years of
the date of the
auction in the same condition inwhich 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)
TheAuctioneer is satisfied that theLot is aForgery and that thebuyer has and is able to transfer good andmarket-
able title to the Lot free from any thirdparty claims;
FURTHERPROVIDEDTHAT the buyer shall have no rights hereunder if:
(i)
The description of the Lot in theCatalogue at the time of the auctionwas in accordancewith the then generally
accepted opinion of scholars or experts or fairly indicated that therewas a conflict of such opinion;
(ii)
Theonlymethodof establishing at the timeof the auction inquestion that theLotwas aForgerywouldhavebeen
by means of scientific processes which were not generally accepted for use until after the date of the auction or
whichwere unreasonably expensive or impractical.
The buyer’s sole entitlement under this condition is to a refund of the actual amount paidby him in respect of the Lot.Under
no circumstances shall the Auctioneer be liable for any damage, loss (including consequential, 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 condition be the person towhom the original invoice in respect of the sale of the Lot ismade.
Photographs
21.
The buyer authorises the Auctioneer at any time tomake use of any photographs or illustrations of the Lot purchased by
the buyer for suchpurposes as theAuctioneermay require.
CONDITIONSWHICHMAINLYCONCERNTHESELLER
Auctioneer’sDiscretion
22.
With regard to the sale of any Lot the Auctioneer shall have the following powers exercisable solely in the discretion of
theAuctioneer:
(i)
To decidewhether to offer any Lot for sale or not;
(ii)
Todecidewhether aparticular Lot is suitable for saleby theAuctioneer and, if so, todeterminewhich auction, the
place anddate of sale, the conditions of sale and themanner inwhich such sale should be conducted;
(iii)
To determine the description of any Lot in aCatalogue.
(iv)
To decide whether the views of any expert shall be obtained and to submit Lots for examination by any such
experts.
(v)
To determinewhat illustration of a Lot (if any) is to be included in theCatalogue.
Seller’sWarranty and Indemnity
23.
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 andmarketable title to the Lot free from any third party claims. As
regardsLotsnot heldby theAuctioneer on its premises orunder its control the sellerwarrants andundertakes to theAuctioneer
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 abovewarranties or undertakings by the seller.
