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107
paintings from the esb collection
16
th
december 2014
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.
Commission
13.
The buyer shall pay the Auctioneer a commission at the rate of 20%, exclusive
of vat, of the Hammer Price payable in respect of any Lot.
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 purchased not later than
(2) days after the sale etc (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 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 discre-
tion 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 Auction-
eer 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 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 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 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
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.