GeneralTerms andConditions of Business
TheAuctioneer carries onbusiness on the following terms and conditions andon suchother terms or conditions asmay be expressly agreedwith theAuctioneer or set out in any relevantCatalogue.Condi-
tions 12-21 relatemainly to buyers and conditions 22-32 relatemainly to sellers.Words and phrases with special meanings are defined in condition 1. Buyers and sellers are requested to read carefully the
Cataloguing Practice andCatalogue Explanation contained in condition 2.
D
EFINITIONSANDGENERALCONDITIONS
Definitions
1.
In these conditions the followingwords and expressions shall have the followingmeanings:
‘Auctioneer’
– James Adam& Sons.
‘Auctioneer’sCommission’
–The commissionpayable to theAuctioneer by thebuyer 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 themarket value forwhich at thedateof the auctionwas substantially less than itwouldhave
beenhad the Lot been in accordancewith theCatalogue description.
‘HammerPrice’
–The price at which a Lot is knockeddown by theAuctioneer to the buyer.
‘Lot’
–Any itemwhich is depositedwith theAuctioneerwith a view to its sale at auction and, inparticular,
the item or items described against any Lot number in anyCatalogue.
‘Proceeds of Sale’
–The net amount due to the seller being theHammer Price of the Lot after deducting
theAuctioneer’sCommission thereonunder condition25 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 auctionsheldby theAuctioneer and completed registration forms, the registermaintainedby the
Auctioneerwhich is compiled from such registration forms) tobe completed and signedby eachprospective
buyer or, where the Auctioneer has acknowledged pursuant to condition 12 that a bidder is acting as agent
on behalf of a namedprincipal, each such bidder prior to the commencement of an auction.
‘SaleOrder Form’
–The sale order form tobe completed and signedby each seller prior to the commence-
ment of an auction.
‘TotalAmountDue’
–TheHammerPriceof theLot sold, theAuctioneer’sCommissiondue thereonunder
condition 13, suchVAT as is chargeable and any additional interest, expenses or charges due hereunder.
‘V.A.T.’
–ValueAddedTax.
CataloguingPractice andCatalogueExplanations
2.
Terms used inCatalogues have the followingmeanings and theCataloguing Practice is as follows:
The first name or names and surname of the artist;
In the opinion of the Auctioneer awork by the artist.
The initials of the first name(s) and the surname of the artist;
In the opinion of the Auctioneer awork of the period of the artist andwhichmay be inwhole or in part thework
of the artist.
The surname only of the artist;
In the opinion of the Auctioneer awork 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 thework of the artist.
‘Signed’/’Dated’/’lnscribed’;
In the opinion of the Auctioneer thework has been signed/dated/inscribed by the artist.
‘With Signature’/’withdate’/’with inscription’;
In the opinion of the Auctioneer thework has been signed/dated/inscribed by a person other than the artist.
‘Attributed to’;
In the opinion of the Auctioneer probably awork of the artist.
‘Studio of/Workshop of’
In the opinion of the Auctioneer awork executed in the studio of the artist and possibly under his supervision.
‘Circle of’;
In the opinion of the Auctioneer awork of the period of the artist and showing his influence.
‘Follower of’;
In the opinion of the Auctioneer awork executed in the artist’s style yet not necessarily by a pupil.
‘Manner of’;
In the opinion of the Auctioneer awork executed in artist’s style but of a later date.
‘*’;
None of the terms above are appropriate but in the Auctioneer’s opinion thework is awork by the artist named.
GENERALCONDITIONS
AuctioneerActing asAgent
3.
TheAuctioneer is selling as agent for the seller unless it is specifically stated to the contrary.TheAuction-
eer as agent for the seller is not responsible for any default by the seller or the buyer.
AuctioneerBiddingonbehalf of Buyer
4.
It is suggested that the interests of prospectivebuyers arebestprotected and servedby thebuyers 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 toAuctions
5
.
TheAuctioneer shall have the right exercisable in its absolutediscretion 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 anymanner it may decide, withdraw or divide any Lot, combine any two ormore 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 andhowsoever 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 inCatalogues
8
.
Representations or statements made by the Auctioneer in any Catalogue as to contribution, author-
ship, genuineness, source, origin, date, age, provenance, condition or estimated selling price or value is a
statement of opinion only.Neither theAuctioneer nor its employees, servants or agents shall be responsible
for the accuracy of any such opinions. Every person interested in a Lotmust exercise and rely on their own
judgment and opinion as to suchmatters.
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, themeaning or interpretation thereof.
GoverningLaw
10
.
These conditions shall be governed by and construed in accordancewith IrishLaw.
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 inwriting 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 SaleOrder Formor to suchother address as the
buyer or seller (as appropriate)may notify theAuctioneer inwriting. Every notice or communication given
in accordancewith this condition shall be deemed tohave been received if deliveredbyhandon the day and
time of delivery and if delivered by post three (3) business days after posting.
TheBuyer
12.
The buyer shall be the highest bidder acceptable to theAuctioneerwhobuys at theHammer Price. Any
disputewhichmay arisewith 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, acknowl-
edged inwriting that a bidder is acting as agent on behalf of a namedprincipal.
Commission
13.
The buyer shall pay theAuctioneer a commission at the rate of 20%,
exclusive
ofV.A.T..
Payment
14.
Unless credit terms have been agreedwith theAuctioneer before the auction the buyer of aLot shall pay
to theAuctioneerwithinone (1) day from the date of the auction theTotal AmountDue.Notwithstanding
this, theAuctioneermay, in its sole discretion, require a buyer topay a deposit of 25%of theTotal 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
theAuctioneer 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.
ReservationofTitle
15.
Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the
