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1.5% 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.
Illustration Charges:
27a. Catalogue illustrations are included at the discretion of the Auctioneer. Illustra-
tion charges will be calculated on the particular category of sale. These charges are
subject to change. Irish art sale illustrations: €150.00 full page, €100.00 half page,
€50 all other sizes. Fine art illustrations: Scaled fee €100.00 for lots sold for €3,000.00
hammer price & over, €50.00 for lots sold under €3000.00 hammer price. Contempo-
rary picture illustrations: €25.00 per illustration. All lots illustrated and not sold are
charged at €25.00 per illustration.
Recision of Sale
28. 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
29. 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 nothing 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 necessary to collect monies due by the buyer to the
seller and, if necessary, to rescind the sale and refund money to the buyer.
Payment of Proceeds to Overseas Sellers
30. If the seller resides outside Ireland the Proceeds of Sale shall be paid to such seller
in Euro unless it was agreed with the seller prior to the auction that the Proceeds of
Sale would be paid in a currency (other than Euro) specified by the seller in which case
the Proceeds of Sale shall be paid by the Auctioneer to the seller in such specified cur-
rency (provided that that currency is legally available 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. All payment instructions must be in writing.
Charges for Withdrawn Lots
31. Once catalogued. Lots withdrawn from sale before proofing/publication of
Catalogue will be subject to commission of 5% of the Auctioneer’s latest estimate of
the auction price of the Lot withdrawn together with VAT thereon and any expenses
incurred by the Auctioneer in relation to the Lot. If Lots are withdrawn after proofing
or publication of Catalogue they will be subject to a commission of 10% of the Auction-
eer’s latest estimate of the auction price of the Lot withdrawn together with VAT there-
on and any expenses incurred by the Auctioneer in relation to the Lot. All commission
hereunder must be paid for before Lots withdrawn may be removed.
Unsold Lots
32. Where any Lot fails to sell at auction the Auctioneer shall notify the seller accord-
ingly and (in the absence of agreement 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 instructions are received from the seller to the con-
trary, 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 peri-
od 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 auction
and commission and expenses in respect of the subsequent 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
33. The seller authorises the Auctioneer to photograph and illustrate any Lot placed
with if for sale and further authorises 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 connection with the auction).
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.
Artist’s Resale Rights (Droit de Suite)
35. Government Regulations (S.1. 312/2006), under this legislation a royalty (Droit
de Suite) is payable to living artists of E.U. Nationality on all works resold for €3,000
or more, other than sold by the artist or the artist’s agent.The resale royalty payable is
calculated as follows
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. Unless otherwise directed
by the vendor, the Auctioneer will automatically deduct the amount due from the pro-
ceeds of sale and will hold in trust for the artist or their representative the said sum.