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The History Sale
DEFINITIONS AND GENERAL CONDITIONS
DEFINITIONS
1. In these conditions the following words and expressions shall have the following
meaings:
‘Auctioneer’ – James Adam & Sons.
‘Auctioneer’s Commission’ – 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 author-
ship, culture, source, origin, date, age or period and which is not shown to be such
in the description therefore in the Catalogue and the market 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.
‘Hammer Price’ – The price at which a Lot is knocked down by the Auctioneer to the
buyer.
‘Lot’ – Any item which is deposited with the Auctioneer with a view to its sale at auc-
tion and, in particular, the item or items described against any Lot number in any
Catalogue.
‘Proceeds of Sale’ – The net amount due to the seller being the Hammer Price of the
Lot after deducting the Auctioneer’s Commission thereon under condition 25 the sell-
er’s contribution towards insurance under condition 26, such VAT as is chargeable and
any other amounts due by the seller to the Auctioneer in whatever 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 registra-
tion 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.
‘Sale Order Form’ – The sale order form to be completed and signed by each seller
prior to the commencement of an auction.
‘Total Amount Due’ – The Hammer Price of the Lot sold, the Auctioneer’s Commission
due thereon under condition 13, such VAT as is chargeable and any additional interest,
expenses or charges due hereunder.
‘V.A.T.’ – Value Added Tax.
Cataloguing Practice and Catalogue Explanations
2. Terms used in Catalogues have the following meanings and the Cataloguing Practice
is as follows:
The first name or names and surname of the artist;
In the opinion of the Auctioneer a work by the artist.
The initials of the first name(s) and the surname of the artist;
In the opinion of the Auctioneer a work of the period of the artist and which may be in
whole or in part the work of the artist.
The surname only of the artist;
In the opinion of the Auctioneer a work 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 the work of the artist.
‘Signed’/’Dated’/’lnscribed’;
In the opinion of the Auctioneer the work has been signed/dated/inscribed by the
artist.
‘With Signature’/’with date’/’with inscription’;
In the opinion of the Auctioneer the work has been signed/dated/inscribed by a person
other than the artist.
‘Attributed to’;
In the opinion of the Auctioneer probably a work of the artist.
‘Studio of/Workshop of’
In the opinion of the Auctioneer a work executed in the studio of the artist and possi-
bly under his supervision.
‘Circle of’;
In the opinion of the Auctioneer a work of the period of the artist and showing his
influence.
‘Follower of’;
In the opinion of the Auctioneer a work executed in the artist’s style yet not necessarily
by a pupil.
‘Manner of’;
In the opinion of the Auctioneer a work executed in artist’s style but of a later date.
‘*’;
None of the terms above are appropriate but in the Auctioneer’s opinion the work is a
work by the artist named.
GENERAL CONDITIONS
Auctioneer Acting as Agent
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.
Auctioneer Bidding on behalf 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 instruct-
ed, 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 execut-
ing bids or failing to execute bids.
Admission to Auctions
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. The Auctioneer shall have the right exercisable in its absolute discretion to refuse
any bids, advance the bidding in any manner it may decide, withdraw or divide any
Lot, combine any two or more 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 and howsoever incurred or suffered by
the person entitled to the benefit of the indemnity and the Auctioneer declares itself
to be a trustee of the benefit of every such indemnity for its employees, servants or
agents to the extent that such indemnity is expressed to be for their benefit.
Representations in Catalogues
8. Representations or statements made by the Auctioneer in any Catalogue as to con-
tribution, authorship, genuineness, source, origin, date, age, provenance, condition or
estimated selling price or value is a statement of opinion only. Neither the Auctioneer
nor its employees, servants or agents shall be responsible for the accuracy of any such
opinions. Every person 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 inter-
pretation 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 hereun-
der 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 prin-
cipal 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 direc-
tions 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.