buyer until he has paid to theAuctioneer theTotal AmountDue.
Collectionof Purchases
16.
The buyer shall at his own expense collect the Lot purchasednot later than seven (7) days after the date of
the auctionbut (unless credit terms havebeen agreedwith theAuctioneer pursuant to condition14) not before
payment to theAuctioneer of theTotal AmountDue.
Thebuyer shall be responsible for any removal, storage and insurance charges in respect of anyLotwhich is not
taken awaywithin seven (7) 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
expiryof one (1) day from the date of the auction.Neither theAuctioneer nor its employees, servants or agents
shall thereafter be liable for any loss or damage of any kindhowsoever causedwhile a purchasedLot remains in
its custody or control after such time.
Packaging andHandlingof PurchasedLots
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 theAuctioneer be liable for the errors or omissions of, or for any
damage caused by, any packers or shippers which theAuctioneer has recommended.
Non-Payment or Failure toCollect PurchasedLots
18.
If a buyer fails to pay for and/or collect any purchased Lot by the dates herein specified for payment and
collection theAuctioneer shall, in its absolute discretion andwithout 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 theLot or cause it tobe resoldwhether bypublic auctionor private sale. In the event that
there is a deficiency between theTotal AmountDue 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
theAuctioneer by the buyer. Any surplus arising shall belong to the seller.
(d)
To store (whether at theAuctioneer’s premises or elsewhere) and insure the
purchasedLot at the expense of the buyer.
(e)
To charge interest on theTotal 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 theTotal Amount
Due.
(g)
To apply any sums which the Auctioneer received in respect of Lots being sold by the buyer
towards settlement of theTotal Amount Due.
(h)
To exercise a lien on any property of the buyer in the possession of the Auctioneer or whatever
reason.
Liabilityof Auctioneer andSeller
19.
Prior to auction ampleopportunity is given for the inspectionof theLots on sale and eachbuyer bymaking
a bid acknowledges that he has, by exercising and relying on his own judgment, satisfied himself as to the
physical condition, age andCatalogue description of eachLot (including but not restricted towhether the Lot
is damaged or has been repaired or restored). All Lots are sold with all faults and imperfections and errors of
description.Noneof the seller, theAuctioneernor anyof their employees, servantsor agents shall be responsible
for any error of descriptionor for the conditionor authenticity of anyLot.Nowarrantywhatsoever is givenby
the seller orAuctioneer or by anyof their employees, servants or agents in respect of anyLot 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 inwhich 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 andmarketable title to the Lot free from any thirdparty claims;
FURTHERPROVIDEDTHAT the buyer shall have no rights hereunder if:
(i)
The descriptionof the Lot in theCatalogue at the time of the auctionwas in accordancewith the
then generally accepted opinion of scholars or experts or fairly indicated that there was a conflict
of such opinion;
(ii)
The onlymethod of establishing at the time of the auction in question that the Lot was a Forgery
would have been bymeans of scientific processes whichwere not generally accepted for use until
after the date of the auction or whichwere 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 towhom the original invoice in respect of the
sale of the Lot ismade.
Photographs
21.
Thebuyer authorises theAuctioneer at any time tomakeuseof anyphotographs or illustrations of the
Lot purchased by the buyer for suchpurposes as theAuctioneermay require.
CONDITIONSWHICHMAINLYCONCERNTHESELLER
Auctioneer’sDiscretion
22.
With regard to the sale of anyLot theAuctioneer shall have the following powers exercisable solely in
the discretion of theAuctioneer:
(i)
To decidewhether to offer any Lot for sale or not;
(ii)
To decide whether a particular Lot is suitable for sale by the Auctioneer and, if so, to
determinewhich auction, the place anddate of sale, the conditions of sale and themanner in
which such sale should be conducted;
(iii)
To determine the description of any Lot in aCatalogue.
(iv)
Todecidewhether the views of any expert shall be obtained and to submit Lots for examina-
tion by any such experts.
(v)
To determinewhat illustration of a Lot (if any) is to be included in theCatalogue.
Seller’sWarranty and Indemnity
23.
The sellerwarrants to theAuctioneer and to the buyer that he is the true owner of theLot or is legally
authorised to sell theLot onbehalf of the trueowner and can transfer good andmarketable title to theLot
free from any third party claims. As regards Lots not held by the Auctioneer on its premises or under its
control the seller warrants and undertakes to the Auctioneer and the buyer that the Lot will be available
and in adeliverable stateondemandby theAuctioneer or buyer.The seller shall indemnify theAuctioneer
and the buyer or any of their respective employees, servants or agents against any loss or damage suffered
by any of them in consequence of any breach of the abovewarranties or undertakings by the seller.
Reserves
24.
Subject to theAuctioneer’s discretion, the seller shall be entitledprior to the auction toplace a reserve
on anyLot. All reservesmust be agreed in advance by theAuctioneer and enteredon the SaleOrder Form
or subsequently be confirmed inwriting to the Auctioneer prior to auction. This also applies to changes
in reserves. A reservemay not be placed upon any Lots under IR£100 in value. The reserve shall be the
minimumHammer Price at which the Lot may be sold by the Auctioneer. A reserve once in place may
only be changedwith the consent of theAuctioneer. A commission shall be charged on the ‘knock-down’
bid for Lots which fail to reach the reserve price. Such commission shall be 5% of the ‘knock-down’ bid.
This commission and anyVATpayable thereonmust be paidbefore removal of the Lot after the auction.
Theminimum commissionhereunder shall be IR£25.TheAuctioneermay in its solediscretion sell aLot
at aHammerPricebelow the reserve thereforebut in such case theProceeds of Sale towhich the seller shall
be entitled shall be the same as theywouldhave beenhad the sale been at the reverse.
Unless a reserve has been placed on a Lot in accordance with the provisions set out above such Lot shall
be put up for salewithout reserve.
In the event that any reserve price is not reached at auction then for so long as the Lot remains with
the Auctioneer and to the extent that the Lot has not been re-entered in another auction pursuant to
condition31 the seller authorises theAuctioneer to sell theLot byprivate treaty at not less than the reserve
price. The Auctioneer shall ensure that in such a case those conditions hereinwhich concernmainly the
buyer shall, with any necessarymodification, apply to such sale.
Commission
25.
The seller shall pay the Auctioneer commission at the rate of 10% on theHammer Price of all Lots
sold on behalf of the seller at Irish Art Sales and 17.5% on theHammer Price of all Lots sold on behalf
of the seller at FineArt,Wine andMilitaria Sales togetherwithV.A.T. thereon at the applicable rate.The
seller authorises the Auctioneer to deduct from the Hammer Price paid by the buyer the Auctioneer’s
Commissionunder this condition;VATpayable at the applicable rates and any other amounts due by the
seller to theAuctioneer inwhatever capacity howsoever arising.The seller agrees that theAuctioneermay
also receive commission from the buyer pursuant to condition 13.
Insurance
26.
Unless otherwise instructed by the seller, all Lots (with the exception of motor vehicles) deposited
with the Auctioneer or put under its control for sale shall automatically be insured by the Auctioneer
under the Auctioneer’s own fine arts policy for such sum as the Auctioneer shall from time to time in its
absolute discretion determine. The seller shall pay the Auctioneer a contribution towards such insurance
