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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 fol-
lowing powers exercisable solely in the discretion 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 manner 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 avail-
able 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 employees, 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 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 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 provi-
sions 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 how-
soever 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 excep-
tion 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 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 noth-
ing 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 nec-
essary to collect monies due by the buyer to the seller and, if neces-
sary, 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 avail-
able 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.