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The History Sale 2015
www.adams.ieregard 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 buyer until he has paid to the Auctioneer the Total
Amount Due.
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 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 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 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
elsewhere) 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 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 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 Auction-
eer 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 question 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 circum-
stances 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 to whom the original invoice in respect of
the sale of the Lot is made.
Photographs
21. The buyer authorises the Auctioneer at any time to make use of
any photographs or illustrations of the Lot purchased by the buyer for
such purposes as the Auctioneer may require.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
22. With regard to the sale of any Lot the Auctioneer shall have the
following powers exercisable solely in the discretion of the Auctioneer:
(i)
To decide whether to offer any Lot for sale or not;
(ii)
To decide whether a particular Lot is suitable for sale by
the Auctioneer and, if so, to determine which auction, the place and
date of sale, the conditions of sale and the manner in which such sale
should be conducted;
(iii)
To determine the description of any Lot in a Catalogue.
(iv)
To decide whether the views of any expert shall be
obtained and to submit Lots for examination by any such experts.
(v)
To determine what illustration of a Lot (if any) is to be
included in the Catalogue.
Seller’s Warranty 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 and marketable title to
the Lot free from any third party claims. As regards Lots not held by
the Auctioneer on its premises or under its control the seller warrants
and undertakes to the Auctioneer 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
above warranties or undertakings by the seller.
Reserves
24. Subject to the Auctioneer’s discretion, the seller shall be entitled
prior to the auction to place a reserve on any Lot. All reserves must be
agreed in advance by the Auctioneer and entered on the Sale Order
Form or subsequently be confirmed in writing to the Auctioneer prior
to auction. This also applies to changes in reserves. A reserve may
not be placed upon any Lots under €500 in value. The reserve shall
be the minimum Hammer Price at which the Lot may be sold by the
Auctioneer. A reserve once in place may only be changed with the
consent of the Auctioneer. A commission shall be charged on the
‘knock-down’ bid for Lots which fail to reach the reserve price. Such
commission shall be 5% of the ‘knock-down’ bid. This commission
and any VAT payable thereon must be paid before removal of the Lot
after the auction. The minimum commission hereunder shall be €50.
The Auctioneer may in its sole discretion sell a Lot at a Hammer Price
below the reserve therefore but in such case the Proceeds of Sale to
which the seller shall be entitled shall be the same as they would have
been had the sale been at the reverse.
Unless a reserve has been placed on a Lot in accordance with the
provisions set out above such Lot shall be put up for sale without
reserve.
In the event that any reserve price is not reached at auction then for so
long as the Lot remains with the Auctioneer and to the extent that the
Lot has not been re-entered in another auction pursuant to condition
31 the seller authorises the Auctioneer to sell the Lot by private treaty
at not less than the reserve price. The Auctioneer shall ensure that in
such a case those conditions herein which concern mainly the buyer
shall, with any necessary modification, apply to such sale.
Commission
25. The seller shall pay the Auctioneer commission at the rate of 10%
on the Hammer Price of all Lots sold on behalf of the seller at Irish
Art Sales and 17.5% on the Hammer Price of all Lots sold on behalf
of the seller at Fine Art, Wine and Militaria Sales together with V.A.T.
thereon at the applicable rate. The seller authorises the Auctioneer
to deduct from the Hammer Price paid by the buyer the Auctioneer’s
Commission under this condition; VAT payable at the applicable rates
and any other amounts due by the seller to the Auctioneer in whatever
capacity howsoever arising. The seller agrees that the Auctioneer may
also receive commission from the buyer pursuant to condition 13.
Insurance
26. Unless otherwise instructed by the seller, all Lots (with the
exception of motor vehicles) deposited with the Auctioneer or
put under its control for sale shall automatically be insured by the