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dition be the person to whom the original invoice in respect
of the sale of the Lot is made.
Photographs
21. The buyer authorises the Auctioneer at any time to make
use of any photographs or illustrations of the Lot purchased
by the buyer for such purposes as the Auctioneer may
require.
CONDITIONS WHICH MAINLY CONCERN THE
SELLER
Auctioneer’s Discretion
22. With regard to the sale of any Lot the Auctioneer shall
have the following powers exercisable solely in the discre-
tion of the Auctioneer:
(i) To decide whether 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 determine which auction, the
place and date of sale, the conditions of sale and the man-
ner in which such sale should be conducted;
(iii) To determine the description of any Lot in a Catalogue.
(iv) To decide whether the views of any expert shall be
obtained and to submit Lots for examination by any such
experts.
(v) To determine what illustration of a Lot (if any) is to be
included in the Catalogue.
Seller’s Warranty and Indemnity
23. The seller warrants to the Auctioneer and to the buyer
that he is the true owner of the Lot or is legally authorised
to sell the Lot on behalf of the true owner and can transfer
good and marketable title to the Lot 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 a deliverable state on demand
by the Auctioneer or buyer. The seller shall indemnify the
Auctioneer and the buyer or any of their respective employ-
ees, servants or agents against any loss or damage suffered
by any of them in consequence of any breach of the above
warranties or undertakings by the seller.
Reserves
24. Subject to the Auctioneer’s discretion, the seller shall be
entitled prior to the auction to place a reserve on any Lot.
All reserves must be agreed in advance by the Auctioneer
and entered on the Sale Order Form or subsequently be
confirmed in writing to the Auctioneer prior to auction. This
also applies to changes in reserves. A reserve may not be
placed 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 commis-
sion 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 therefore 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 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 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 vehicles) deposited with the Auctioneer or put under its con-
trol 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 representation, 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 recover 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 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 cur-
rency (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 publica-
tion 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.