Conditions
Buyers and sellers are requested to read carefully the explanation of Cataloguing practice and the conditions set out below which contain the terms on which Morgan O'Driscoll I.A.V.I. (thereafter referred to as The Auctioneer) conduct sales and handle other related matters.
The buyer shall be the highest bidder acceptable to The Auctioneer subject to reserve price (if any) and The Auctioneers shall have absolute discretion to settle any dispute.
Every bidder shall be deemed to act as principle unless The Auctioneer has, before the date of the Auction, acknowledged in writing that the bidder is acting as agent on behalf of a disclosed principle.
Every bidder shall complete and sign a registration form before the date of the Auction (if applicable).
Any representation or statement by the Auctioneer whether in the catalogue or other publication or in a condition report as to the authorship, origin, date, age, attribution, genuineness, provenance, condition or estimated selling price of any Lot is a statement of opinion only. Any illustrations in the catalogue are solely for the guidance of prospective Buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfection in any Lot.
In addition, many Lots are of an age or nature which precludes there being in pristine condition and some descriptions in the catalogue or given by way of condition report make reference to damage and/or restoration. Such information is given for guidance only and the absence of such reference does not imply that a Lot is free from defects nor does any reference to particular defects imply the absence of others.
Buyers must satisfy themselves as to all matters refereed to in (a) and (b) above by inspection or otherwise prior to the date of the Auction. The attention of Buyers is also drawn to the explanation of cataloguing practice contained in the catalogue.
Each purchaser shall be deemed to have inspected and to be thoroughly acquainted with the contents and conditions of the Lot or Lots purchased by him and to have purchased same subject in all faults, deficiencies, imperfections and errors (if any) of any description therein, and no allowance whatsoever shall be made in respect of any such fault, imperfection or error or any difficulty of access.
Premium
The Buyer shall pay The Auctioneer a premium of 15 per cent (exclusive of VAT) of the Hammer Price and the Buyer acknowledges that The Auctioneer may also receive commission in accordance with Conditions of Sale from the Seller.
VAT regulations
All Lots in this catalogue are sold using the Auctioneers VAT Margin Scheme. Revenue regulations require that the Buyers premium must be invoiced at a rate which is inclusive of any VAT. This VAT is not recoverable by any business buyer.
EACH LOT SHALL, FROM THE FALL OF THE HAMMER, BE AT THE SOLE RISK OF THE PURCHASER, and must be cleared and taken away without fail, at the purchaser's risk in all respects.
The Auctioneer reserves the right to alter, divide, group or withdraw any Lot or Lots either before or at any time during the sale, or give options on any Lot or Lots at any time during the sale.
Upon the sale of a Lot, the Buyer shall unless he has already done so, give to The Auctioneer his name and address and, if so required by The Auctioneer, his bank or other suitable references.
If so required by The Auctioneers, immediately pay a deposit in cash or bank draft of 25% of the purchase price of any Lot.
Pay to The Auctioneer the Purchase Price within one day from the date of sale.
The Auctioneer may, at his absolute discretion, agree terms for credit with the Buyer under which the Buyer will be entitled to take possession of the Lot before payment is made in full.
The Title of Ownership of the property in a lot shall not pass to the Buyer until he has paid the Purchase Price in full.
The Property in a Lot shall not pass to the Buyer until he has paid the Purchase Price in full and no Lot may be taken away during the Auction, nor may any Lot be taken away until the Purchase Price has been paid in full.
The Buyer shall remove at his expense any Lot purchased within 1 day from the sale.
The Buyer shall be responsible for any removal, storage and insurance charges on any Lot not taken away within 1 working day after the date of the Auction.
Any packing and handling of purchased Lots by The Auctioneer' staff is undertaken solely as a service to the Buyers, and will only be undertaken at The Auctioneer's discretion and at the Buyer's risk. The Auctioneer shall not be liable in any event for any damage to glass or framed irrespective of cause. In addition, The Auctioneer shall not be liable for any errors or omissions or damage caused by packers and shippers that The Auctioneer has recommended to the Buyer.
A purchased Lot shall be at the Buyer's risk in all respects from the time of collection or the expiry of one day from the date of sale, whichever is the sooner, and neither The Auctioneer nor his employees nor agents shall hereafter be liable for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is under their respective control or custody.
No liability will be accepted by the Vendors or The Auctioneer for personal injuries of any description and from whatsoever cause arising sustained by any person while in the Auction Rooms, on the property of The Auctioneer and/or Vendor(s) for the purpose of inspection, or during the sale or whilst removing any Lots in or on the premises of The Auctioneer or Vendor(s) in connection with the sale.
If the buyer fails to pay for or take away any Lot the Auctioneer shall, without further notice to the Buyer and at his 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.
To issue proceedings against the Buyer for damages for breach of contract together with the costs of such proceedings on a full indemnity basis.
To rescind the sale of that or any other Lot sold to the Buyer at that or any other Auction.
To resell the Lot or cause it to be resold by public or private sale. Any deficiency in the Purchase Price resulting from such a resale (after giving credit for any payment) together will full costs incurred in connection with the Lot shall be paid to The Auctioneer by the Buyer(s) and any surplus over the Proceeds of Sale shall belong to the Seller and in this Condition the expression 'Proceeds of Sale' shall have the same meaning in relation to the sale by private treaty as it has in relation to a sale by Auction.
To store the Lot or cause it to be stored and insurance and all other costs incurred in connection with the Lot shall be borne by the aforementioned Buyer.
To charge interest on the Purchase Price at the rate of 2 per cent per month above the Allied Irish Bank base rate to the extent that it remains unpaid for more than 1 day after the sale.
To retain that or any other Lot sold to the Buyer at the same or any other Auction and release the item only after payment of the Purchase Price.
To apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer toward settlement of the Purchase Price and Expenses, and The Auctioneer shall be entitled to a lien on any property of the Buyer which is in The Auctioneer's possession for any purpose.
To apply any payment by the Buyer to The Auctioneer towards any sums owing from the Buyer to The Auctioneer or to any associated company of The Auctioneer without regard to any direction of the Buyer or his agent, whether express or implied.
Subject to the obligations accepted by the Auctioneer under this condition, none of the Seller, The Auctioneer, their employees or agents is responsible for the correctness of any statement as to the authorship, origin, age, date, size, medium, attribution, genuineness or provenance of any Lot, for any other errors of description or for any faults or defects in any Lot and no warranty whatsoever is given by the Seller, The Auctioneer, their employees or agents in respect of any Lot and an express or implied conditions or warranties are hereby excluded.
If, within five days of the date of the Auction:
The Auctioneer has received in notice from the Buyer of any Lot that in his view the Lot is a forgery.
Within fourteen days of such notice, The Auctioneer has the Lot in his possession in the same condition as at the date of the Auction.
Within a reasonable time thereafter, the Buyer satisfies The Auctioneer that the Lot is a forgery and that the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances. The Auctioneer will set aside the sale and refund to the Buyer any amount paid by the Buyer in respect of the Lot provided that the Buyer shall have no rights under this condition if.
The catalogue descriptions at the date of the Auction was in accordance with the then generally accepted opinion of scholars or experts or fairly indicated there to be a conflict of such opinions.
It can be established that the Lot is a forgery only by means of a scientific process not generally accepted for use until after the publication of the catalogue or by means of a process which at the date of the Auction was unreasonably expensive or impractical or likely to have caused damage to the Lot.
The Buyer shall not be entitled to claim under this Condition for more than the amount paid by him for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him.
The benefit of this guarantee shall not be assignable and shall rest solely and exclusively on the Buyer who shall be the person to whom the original invoice was made out by The Auctioneer in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership thereof.
Prospective buyers are advised to attend at the Auction. The Auctioneers will, however, if so instructed, execute bids provided in writing in advance of the Auction or bids by telephone (at The Auctioneer's discretion) on their behalf, but neither The Auctioneer nor his employees nor agents shall be liable for any neglect or default in so doing or for failure to do so.
In the event that The Auctioneer has received commission bids in a Lot for identical amounts and at the Auction those commission bids are the highest bids for that Lot, the Lot shall be knocked down to the person whose commission bid (for the relevant amount) was received first.
N.B. All purchases have to be paid for by Irish Draft in euros. All other currencies will be subjected to Irish Bank Charges.
Artists Resale Rights ("Driot De Suite")
The vendor agrees to pay Morgan O'Driscoll's an amount equal to the resale royalty and we will pay such amount to the artist's collecting agent. Resale royalty applies to any living artist where the Hammer Price is 3,000 Euro or more and the amount cannot be more than 12,500 Euro per lot. The amount is calculated as follows:
Royalty For the portion of the Hammer Price (in Euro)
4.00% up to 50,000
3.00% between 50,000.01 and 200,000
1.00% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
0.25% in excess of 500,000
General Conditions
"The Auctioneer" Morgan O'Driscoll I.A.V.I. As agent for the Seller is not responsible for any default by the Seller or the Buyer.
The Auctioneer shall have the right at his absolute discretion to refuse admission to his premises or attendance at his auctions by any person(s).
The Auctioneer shall have the right at his absolute discretion to refuse any bid, to advance the biddings as he may decide, to withdraw or divide any Lot to combine any two or more Lots and in the case of dispute to put up any Lot for auction again.
Any indemnity hereunder shall extend to all action, proceedings, costs, claims and demands whatsoever incurred or suffered by the person for whose benefit the indemnity is given.
The Auctioneer shall hold any indemnity on trust for his employees and agents where it is expressed to be for their benefit. Any notice given hereunder shall be in writing and if given by post shall be deemed to have been duly received by the addressee in the ordinary course of post.
These Conditions of Sale shall be governed by and construed in accordance with Irish Law and all parties concerned hereby submit to the non-exclusive jurisdiction of the Irish Courts.
