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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, the meaning or interpretation thereof.
Governing Law
10. These conditions shall be governed by and construed in accor-
dance with Irish Law.
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 in writing 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 Sale Order Form or
to such other address as the buyer or seller (as appropriate) may
notify the Auctioneer in writing. Every notice or communication given
in accordance with this condition shall be deemed to have been
received if delivered by hand on the day and time of delivery and if
delivered by post three (3) business days after posting.
The Buyer
12. The buyer shall be the highest bidder acceptable to the
Auctioneer who buys at the Hammer Price. Any dispute which may
arise with regard to bidding or the acceptance of bids shall be set-
tled by the Auctioneer. Every bidder shall be deemed to act as prin-
cipal unless the Auctioneer has prior to the auction, acknowledged
in writing that a bidder is acting as agent on behalf of a named
principal.
Commission
13. The buyer shall pay the Auctioneer a commission at the rate of
20%, exclusive of V.A.T..
Payment
14. Unless credit terms have been agreed with the Auctioneer
before the auction the buyer of a Lot shall pay to the Auctioneer
within one (1) day from the date of the auction the Total Amount
Due. Notwithstanding this, the Auctioneer may, in its sole discretion,
require a buyer to pay a deposit of 25% of the Total 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 the Auctioneer 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.
Reservation of Title
15. Notwithstanding delivery or passing of risk to the buyer the own-
ership of a Lot shall not pass to the buyer until he has paid to the
Auctioneer the Total Amount Due.
Collection of Purchases
16. The buyer shall at his own expense collect the Lot purchased not
later than seven (7) days after the date of the auction but (unless
credit terms have been agreed with the Auctioneer pursuant to
condition 14) not before payment to the Auctioneer of the Total
Amount Due.
The buyer shall be responsible for any removal, storage and insur-
ance charges in respect of any Lot which is not taken away within
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 expiry of one (1) day from
the date of the auction. Neither the Auctioneer nor its employees,
servants or agents shall thereafter be liable for any loss or damage
of any kind howsoever caused while a purchased Lot remains in its
custody or control after such time.
Packaging and Handling of Purchased Lots
17. Purchased Lots may be packed and handled by the Auctioneer,
its employees, servants or agents. Where this is done it is under-
taken solely as a courtesy to buyers and at the discretion of the
Auctioneer. Under no circumstances shall the Auctioneer, its employ-
ees, servants or agents be liable for damage of any kind and howso-
ever caused to glass or frames nor shall the Auctioneer be liable for
the errors or omissions of, or for any damage caused by, any pack-
ers or shippers which the Auctioneer has recommended.
Non-Payment or Failure to Collect Purchased Lots
18. If a buyer fails to pay for and/or collect any purchased Lot by the
dates herein specified for payment and collection the Auctioneer shall,
in its absolute discretion and without prejudice to any other rights or
remedies it may have, be entitled to exercise one or more of the follow-
ing 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 the Lot or cause it to be resold whether by public auction
or private sale. In the event that there is a deficiency between the Total
Amount Due 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 the Auctioneer by the buyer. Any surplus arising shall
belong to the seller.
(d) To store (whether at the Auctioneer’s premises or elsewhere) and
insure the purchased Lot at the expense of the buyer.
(e) To charge interest on the Total 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 the Total Amount Due.
(g) To apply any sums which the Auctioneer received in respect of Lots
being sold by the buyer towards settlement of the Total Amount Due.
(h) To exercise a lien on any property of the buyer in the possession of
the Auctioneer or whatever reason.
Liability of Auctioneer and Seller
19. Prior to auction ample opportunity is given for the inspection of
the Lots on sale and each buyer by making a bid acknowledges that he
has, by exercising and relying on his own judgment, satisfied himself
as to the physical condition, age and Catalogue description of each Lot
(including but not restricted to whether the Lot is damaged or has been
repaired or restored). All Lots are sold with all faults and imperfections
and errors of description. None of the seller, the Auctioneer nor any of
their employees, servants or agents shall be responsible for any error
of description or for the condition or authenticity of any Lot. No war-
ranty whatsoever is given by the seller or Auctioneer or by any of their
employees, servants or agents in respect of any Lot and any condition
or warranty express or implied by statute or otherwise is hereby specif-
ically 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 pur-
chased, 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
in which 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 and marketable title to the Lot
free from any third party claims;
FURTHER PROVIDED THAT the buyer shall have no rights hereunder if:
(i) The description of the Lot in the Catalogue at the time of the auction
was in accordance with the then generally accepted opinion of scholars
or experts or fairly indicated that there was a conflict of such opinion;
(ii) The only method of establishing at the time of the auction in ques-
tion that the Lot was a Forgery would have been by means of scientific
processes which were not generally accepted for use until after the date
of the auction or which were 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 circumstanc-
es shall the Auctioneer be liable for any damage, loss (including conse-
quential, 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 con