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Unsold Lots
31. Where any Lot fails to sell at auction the Auctioneer shall
notify the seller accordingly and (in the absence of agree-
ment 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 instruc-
tions 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 auc-
tion and commission and expenses in respect of the subse-
quent 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 authoris-
es 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 con-
nection with the auction).
Catalogue illustrations are included at the discretion of the
Auctioneer. Illustration charges will be calculated on the par-
ticular 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.