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Auctioneer of the Total Amount Due.
The buyer shall be responsible for any removal, storage and insurance charges in
respect of any Lot which is not taken away within seven (2) 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 (2) days 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 undertaken solely as a courtesy to buyers
and at the discretion of the Auctioneer. Under no circumstances shall the Auctioneer,
its employees, servants or agents be liable for damage of any kind and howsoever
caused to glass or frames nor shall the Auctioneer be liable for the errors or omissions
of, or for any damage caused by, any packers 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 following 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 ex-
penses 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 pur-
chased 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, ser-
vants or agents shall be responsible for any error of description or for the condition or
authenticity of any Lot. No warranty 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 specifically 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 purchased, 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 question that the Lot
was a Forgery would have been by means of scientific processes which were not gen-
erally 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 circumstances shall the Auctioneer be liable
for any damage, loss (including consequential, 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 condition 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.
22. New VAT Regulations
22a) All lots are sold within the Auctioneer’s VAT margin scheme. Revenue Regulations
require that the buyers premiummust be invoiced at a rate which is inclusive of VAT.
This VAT is not recoverable by any VAT registered buyer.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
23. With regard to the sale of any Lot the Auctioneer shall have the following 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
24. 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 trans-
fer 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 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
25. 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 €150 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 mini-
mum commission hereunder shall be €50. The Auctioneer may in its sole discretion
sell a Lot at a Hammer Price below the reserve thereon 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
26. 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 all other
Sales together with VAT thereon at the applicable rate. Minimum charges are detailed
below. 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.
Minimum Charges: Each individual lot is subject to a minimum fee of €3.00 plus VAT,
with a minimum charge per account of €50.00 plus VAT.
Insurance
27. Unless otherwise instructed by the seller, all Lots (with the exception of motor vehi-
cles) 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