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10
. These conditions shall be governed by and construed in
accordance with Irish Law.
Notices
11. Any notice or other communication required to be giv-
en by the Auctioneer hereunder 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 deliv-
ered by post three (3) business days after posting.
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.
The Commission
13.
The buyer shall pay the Auctioneer a commission at the
rate of 20% of the Hammer Price, exclusive of VAT at the ap-
plicable rate on all individual lots.
Payment
14.
Unless credit terms have been agreed with the Auctioneer
before the auction the buyer of a Lot shall pay to the Auction-
eer within one (2) days 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, draft in Euro or by the bidder’s own cheque
drawn on an Irish bank account vouched to the satisfaction of
the Auctioneer. Cheques drawn by third parties, whether in
the Auctioneer’s favour or requiring endorsement, shall not
be accepted. We also accept payment by credit card, Visa &
Mastercard subject to a administration charge of 2% of the
total amount due. American Expess 3.65% administration
charge. We also accept debit card payments by way of Laser,
with no surcharge, however the cardholder in person can only
make the payment.
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 pur-
chased not later than seven (2) days after the date of the auc-
tion but (unless credit terms have been agreed with the Auc-
tioneer 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 (2)
days 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 Auc-
tioneer, its employees, servants or agents. Where this is done
it is undertaken solely as a courtesy to buyers and at the dis-
cretion 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 preju-
dice 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 con-
tract;
(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 else-
where) 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 dis-
cretion 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 buy-
er only after payment to the Auctioneer of the Total Amount
Due;
(g)
To apply any sums which the Auctioneer received in re-
spect 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 pos-
session of the Auctioneer or whatever reason.
Liability of Auctioneer and Seller
19.
Prior to auction ample opportunity is given for the in-
spection 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 re-
sponsible 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 specifi-
cally excluded.