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of Sale to which the seller shall be entitled shall be the same as they would have been had 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 sale without 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
condition 31 the seller authorises the Auctioneer to sell the Lot by private treaty at not less than the
reserve price. The Auctioneer shall ensure that in such a case those conditions herein which concern
mainly the buyer shall, with any necessary modification, apply to such sale.
Commission
25.
The seller shall pay the Auctioneer commission at the rate of 10% on the Hammer Price of all Lots
sold on behalf of the seller at Attic Sales and 17.5% on the Hammer Price of all Lots sold on behalf of
the seller at Fine Art, Wine and Militaria Sales together with V.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
Commission under this condition; VAT payable at the applicable rates and any other amounts due by
the seller to the Auctioneer in whatever capacity howsoever arising.The seller agrees that the Auctioneer
may 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 by the Auctioneer, be sold for such amount. Such insurance shall subsist until such time
as the Lot is paid for and collected by the buyer or, in the case of Lots sold which are not paid for or
collected by the buyer by the due date hereunder for payment or collection such due date or, in the case
of Lots which are not sold, on the expiry of seven (7) days from the date on which the Auctioneer has
notified the seller to collect the Lots.
Recision of Sale
27
. If before the Auctioneer has paid the Proceeds of Sale to the seller the buyer proves to the satisfac-
tion of the Auctioneer that the Lot sold is a Forgery and the requirements of condition 20 are satisfied
the Auctioneer shall rescind the sale and refund to the buyer any amount paid to the Auctioneer by the
buyer in respect of the Lot.
Payment of Proceeds of Sale
28.
The Auctioneer shall remit the Proceeds of Sale to the seller not later than thirty (30) days after
the date of the auction, provided however that, if by that date, the Auctioneer has not received the
Total Amount Due from the buyer then the Auctioneer shall remit the Proceeds of Sale within seven
(7) working days after the date on which the Total Amount Due is received from the buyer. If credit
terms have been agreed between the Auctioneer and the buyer the Auctioneer shall remit to the seller
the Proceeds of Sale not later than thirty (30) days after the date of the auction unless otherwise agreed
by the seller.
If before the Total Amount Due is paid by the buyer the Auctioneer pays the seller an amount equal to
the Proceeds of Sale then title to the Lot shall pass to the Auctioneer.
If the buyer fails to pay the Auctioneer the Total Amount Due within fourteen (14) days after the date
of the auction, the Auctioneer shall endeavour to notify the seller and take the seller’s instructions
on the course of action to be taken and, to the extent that it is in the sole opinion of the Auctioneer
feasible, shall endeavour to assist the seller to recover the Total Amount Due from the buyer provided
that nothing herein shall oblige the Auctioneer to issue proceedings against the buyer in the Auction-
eer’s own name. If circumstances do not permit the Auctioneer to take instructions from the seller
or, if after notifying the seller, it does not receive instructions within seven (7) days, the Auctioneer
reserves the right, and is hereby authorised by the seller at the seller’s expense, to agree special terms for
payments of the Total Amount Due, to remove, store and insure the Lot sold, to settle claims made by
or against the buyer on such terms as the Auctioneer shall in its absolute discretion think fit, to take
such steps as are necessary to collect monies due by the buyer to the seller and, if necessary, to rescind
the sale and refund money to the buyer.
Payment of Proceeds to Overseas Sellers
29.
If the seller resides outside Ireland the Proceeds of Sale shall be paid to such seller in Irish Punts
unless it was agreed with the seller prior to the auction that the Proceeds of Sale would be paid in a
currency (other than Irish Punts) specified by the seller in which case the Proceeds of Sale shall be paid
by the Auctioneer to the seller in such specified currency (provided that that currency is legally available
to the Auctioneer in the amount required) calculated at the rate of exchange quoted to the Auctioneer
by its bankers on the date of payment.
Charges for Withdrawn Lots
30.
Once catalogued, Lots withdrawn from sale before proofing/publication of Catalogue will be subject
to commission of 5% of the Auctioneer’s latest estimate of the auction price of the Lot withdrawn
together with VAT thereon and any expenses incurred by the Auctioneer in relation to the Lot. If Lots
are withdrawn after proofing or publication of Catalogue they will be subject to a commission of 10%
of the Auctioneer’s latest estimate of the auction price of the Lot withdrawn together with VAT thereon
and any expenses incurred by the Auctioneer in relation to the Lot. All commission hereunder must be
paid for before Lots withdrawn may be removed.
Unsold Lots
31.
Where any Lot fails to sell at auction the Auctioneer shall notify the seller accordingly and (in
the absence of agreement between the seller and the Auctioneer to the contrary) such Lot may, in the
absolute discretion of the Auctioneer, be re-entered in the next suitable auction unless instructions are
received from the seller to the contrary, otherwise such Lots must be collected at the seller’s expense
within the period of thirty (30) days of such notification from the Auctioneer.
Upon the expiry of such period the Auctioneer shall have the right to sell such Lots by public auction
or private sale and on such terms as the Auctioneer in its sole discretion may think fit. The Auctioneer
shall be entitled to deduct from the price received for such Lots any sums owing to the Auctioneer in
respect of such Lots including without limitation removal, storage and insurance expenses, any commis-
sion and expenses due in respect of the prior auction and commission and expenses in respect of the
subsequent auction together with all reasonable expenses before remitting the balance to the seller. If
the seller cannot be traced the balance shall be placed in a bank account in the name of the Auctioneer
for the seller. Any deficit arising shall be due from the seller to the Auctioneer. Any Lots returned at the
seller’s request shall be returned at the seller’s risk and expense and will not be insured in transit unless
the Auctioneer is so instructed by the seller.
Auctioneer’s Right to Photographs and Illustrations
32.
The seller authorises the Auctioneer to photograph and illustrate any Lot placed with if for sale and
further authorises the Auctioneer to use such photographs and illustrations and any photographs and
illustrations provided by the seller at any time in its absolute discretion (whether or not in connection
with the auction).
Catalogue illustrations are included at the discretion of the Auctioneer. Illustration charges will
be calculated on the particular category of sale. These charges are subject to change. Irish Art Sale
Illustrations: €150.00 full page, €100.00 half page, €50.00 other sizes. Fine Art Illustrations: Scaled
fee: €100.00 for lots sold for €3,000.00 and over, hammer price, €50.00 for lots sold under €3,000.00
hammer price. All other sales: €25.00 per illustration. All lots illustrated and not sold are charged €25.00
per illustration.
VAT
34.
It is presumed, unless stated to the contrary, that the items listed herein are auction scheme goods
as defined in the Finance Act 1995.
35. Artist’s Resale Rights (Droit de Suite)
Government Regulations (S.1. 312/2006)
Under this legislation a royalty (droit de suite) is payable to artists or the artist’s heirs (if deceased in the
last 70 years) of E.U. Nationality on all works resold for €3,000 or more, other than those sold by the
artist or the artist’s agent.
The resale royalty payable is calculated as follows:
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From €3,000 to €50,000 4%
From €50,000.01 to €200,000 3%
From €200,000.01 to €350,000 1%
From €350,000.01 to €500,000 0.5%
Exceeding €500,000 0.25%
The total amount of royalty payable on any individual sale shall not exceed €12,500 The seller is liable
for payment (paragraph 7.1 of Government Regulations (S.1. 312/2006) of this royalty
on completion of the sale. The artist may request from the Auctioneer any information necessary to
secure payment.
The Auctioneer will automatically deduct the amount due from the proceeds of sale and will hold in
trust for the artist, their heirs or their representative for a period of 3 years from the date of sale. A
vendor may choose to check the ARR Waiver on the Sale Receipt Contract indicating that they accept
sole responsibility for the payment and authorises the Auctioneers to disclose their contact details to the
artist, their heirs or their representative.
