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upon any Lots under IR£100 in value. The reserve shall be the minimum Hammer Price at
which the Lot may be sold by the Auctioneer. A reserve once in place may only be changed
with the consent of the Auctioneer. 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 any VAT payable thereon must be paid before removal
of the Lot after the auction. The minimum commission hereunder shall be IR £25. The
Auctioneer may in its sole discretion sell a Lot at a Hammer Price below the reserve there-
fore but in such case the Proceeds 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 neces-
sary 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 Irish Art 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 vehi-
cles) 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 at the rate of 1% of the Hammer
Price plus VAT. If the seller instructs the Auctioneer not to insure a Lot then the Lot shall
at all times remain at the risk of the seller who undertakes to indemnify the Auctioneer
and hold the Auctioneer harmless against any and all claims made or proceedings brought
against the Auctioneer of whatever nature and howsoever and wheresoever occurring for
loss or damage to the Lot. The sum for which a Lot is covered for insurance under this
condition shall not constitute and shall not be relied upon by the seller as a representa-
tion, warranty or guarantee as to the value of the Lot or that the Lot will, if sold 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 satisfaction 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 recov-
er the Total Amount Due from the buyer provided that nothing herein shall oblige the
Auctioneer to issue proceedings against the buyer in the Auctioneer’s own name. If circum-
stances do not permit the Auctioneer to take instructions from the seller or, if after notify-
ing 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 suit-
able 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 commission 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.