GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed with the Auctioneer or set out in any rele-
vant Catalogue. Conditions 12-21 relate mainly to buyers and conditions 22-32 relate mainly to sellers. Words and phrases with special meanings are defined in condition 1. Buyers and
sellers are requested to read carefully the Cataloguing Practice and Catalogaue Explanation contained in condition 2.
DEFINITIONS
1. In these conditions the following words and expressions shall have the following mean-
ings:
Auctioneer - James Adam and Sons trading as Adam’s.
Auctioneer’s Commission - The commission payable to the Auctioneer by the buyer and
seller as specified in conditions 13 and 25.
Catalogue - Any advertisement, brochure, estimate, price or other publication.
Forgery - A Lot which was made with the intention of deceiving with regard to author-
ship, culture, source, origin, date, age or period and which is not shown to be such in the
description therefore in the Catalogue and the market value for which at the date of the
auction was substantially less than it would have been had the Lot been in accordance with
the Catalogue description.
Hammer Price - The price at which a Lot is knocked down by the Auctioneer to the buyer.
Lot - Any item which is deposited with the Auctioneer with a view to its sale at auction and,
in particular, the item or items described against any Lot number in any Catalogue.
Proceeds of Sale - The net amount due to the seller being the Hammer Price of the Lot
after deducting the Auctioneer’s Commission thereon under condition 25 the seller’s con-
tribution towards insurance under condition 26, such VAT as is chargeable and any other
amounts due by the seller to the Auctioneer in whatever capacity howsoever arising.
Registration Form or Register - The registration form (or, in the case of persons who
have previously attended at auctions held by the Auctioneer and completed registration
forms, the register maintained by the Auctioneer which is compiled from such registration
forms) to be completed and signed by each prospective buyer or, where the Auctioneer has
acknowledged pursuant to condition 12 that a bidder is acting as agent on behalf of a named
principal, each such bidder prior to the commencement of an auction.
Sale Order Form - The sale order form to be completed and signed by each seller prior to the
commencement of an auction.
Total Amount Due - The Hammer Price of the Lot sold, the Auctioneer’s Commission due
thereon under condition 13, such VAT as is chargeable and any additional interest, expenses
or charges due hereunder.
V.A.T. - Value Added Tax.
Cataloguing Practice & Catalogue Explanations
2. Terms used in Catalogues have the following meanings and the Cataloguing Practice is
as follows:
The first name or names and surname of the artist - In the opinion of the Auctioneer a work
by the artist.
The initials of the first name(s) and the surname of the artist - In the opinion of the Auc-
tioneer a work of the period of the artist and which may be in whole or in part the work of
the artist.
The surname only of the artist - In the opinion of the Auctioneer a work of the school or by
one of the followers of the artist or in his style.
The surname of the artist preceded by ‘after’ - In the opinion of the Auctioneer a copy of the
work of the artist.
Signed/Dated/Inscribed - In the opinion of tile Auctioneer the work has been signed/dated/
inscribed by the artist.
With Signature/With date/With inscription’- In the opinion of the Auctioneer the work has
been signed/dated/inscribed by a person other than the artist.
Attributed to - In the opinion of the Auctioneer, probably a work of the artist.
Studio of/Workshop of - In the opinion of the Auctioneer a work executed in the studio of
the artist and possibly under his supervision.
Circle of - In the opinion of the Auctioneer a work of the period of the artist and showing
his influence.
Follower of - In the opinion of the Auctioneer a work executed in the artist’s style yet not
necessarily by a pupil.
Manner of - in the opinion of the Auctioneer a work executed in artist’s style but of a later
date.
None of the terms above are appropriate but in the Auctioneer’s opinion the work is a work
by the artist named.
GENERAL CONDITIONS
Auctioneer Acting as Agent
3. The Auctioneer is selling as agent for the seller unless it is specifically stated to the con-
trary. The Auctioneer as agent for the seller is not responsible for any default by the seller or
the buyer. The auctioneer reserves the right to bid on behalf of the seller.
Auctioneer Bidding on behalf of Buyer
4. It is suggested that the interests of prospective buyers are best protected and served by the
buyers attending at an auction. However, the Auctioneer will, if instructed, execute bids on
behalf of a prospective buyer. Neither the Auctioneer nor its employees, servants or agents
shall be responsible for any neglect or default in executing bids or failing to execute bids.
Admission to Auctions
5. The Auctioneer shall have the right exercisable in its absolute discretion to refuse admis-
sion to its premises or attendance at its auctions by any person.
Acceptance of Bids
6. The Auctioneer shall have the right exercisable in its absolute discretion to refuse
any bids, advance the bidding in any manner it may decide, withdraw or divide any
Lot, combine any two or more Lots and, in the case of a dispute, to put any Lot up
for auction again.
Indemnities
7. Any indemnity given under these conditions shall extend to all actions, proceed-
ings, claims, demands, costs and expenses whatever and howsoever incurred or
suffered by the person entitled to the benefit of the indemnity and the Auctioneer
declares itself to be a trustee of the benefit of every such indemnity for its employ-
ees, servants or agents to the extent that such indemnity is expressed to be for their
benefit.
Representations in Catalogues
8. Representations or statements made by the Auctioneer in any Catalogue as
to contribution, authorship, genuineness, source, origin, date, age, provenance,
condition or estimated selling price or value is a statement of opinion only. Neither
the Auctioneer nor its employees, servants or agents shall be responsible for the
accuracy of any such opinions. Every person interested in a Lot must exercise and
rely on their own judgment and opinion as to such matters.
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 accordance 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.
CONDITIONS WHICH MAINLY CONCERN THE BUYER
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 settled by the Auctioneer. Every bidder shall be deemed
to act as principal unless the Auctioneer has prior to the auction, acknowledged in
writing that a bidder is acting as agent on behalf of a named principal.
The Commission
13. The buyer shall pay the Auctioneer a commission at the rate of 20% of the Ham-
mer Price, exclusive of VAT at the applicable rate on all individual lots.
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 (2) days 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, draft
in Euro or by the bidder’s own cheque drawn on an Irish bank account vouched to
the satisfaction of the Auctioneer. Cheques drawn by third parties, whether in the
Auctioneer’s favour or requiring endorsement, shall not be accepted. We also ac-
cept payment by credit card, Visa & Mastercard subject to a administration charge
of 2% of the total amount due. American Expess 3.65% administration charge. We
also accept debit card payments by way of Laser, with no surcharge, however the
cardholder in person can only make the payment.
Reservation of Title
15. Notwithstanding delivery or passing of risk to the buyer the ownership 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 (2) 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