Country House Collections at Slane Castle 13
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&14
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October 2013
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D
EFINITIONS AND GENERAL CONDITIONS
Definitions
1.
In these conditions the following words and expressions shall have the following meanings:
‘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 authorship, 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 auction 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 seller’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 registration 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 commence-
ment 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 possibly 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 instructed, 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 executing
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 contribution, 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 judgment 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 interpretation 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 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 delivered 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.
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 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.
General Terms and Conditions of Business
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed with the Auctioneer or set out in any relevant Catalogue. Conditions
12-21 relate mainly to buyers and conditions 22-32 relate mainly to sellers. Words and phrases with special meanings are defined in condition 1. Buyers and sellers are requested to read carefully the Cataloguing
Practice and Catalogue Explanation contained in condition 2.
