Paire de pendants d'oreilles en émail et diamant, par DAVID WEBB De forme octogonale bombée, décorés d'émail noir entre des épaulements en diamant taille brillant, montés en or 18 carats et en platine, diamants d'environ 2,50 ct au total, signés Webb, longueur 3,5 cm David Webb a fondé sa ligne éponyme de haute joaillerie à Manhattan le 28 juillet 1948, à tout juste vingt-trois ans. Ses créations sont devenues l'incarnation de l'ère d'après-guerre, exsudant l'extravagance et l'excès qui étaient jusqu'alors décriés. Webb fait partie des rares personnes qui, au XXe siècle, ont revendiqué un style esthétique qui leur était propre. Les créations de Webb étaient désinhibées, audacieuses et fascinantes, attirant rapidement des foules de membres de la royauté américaine à son adresse du 2 West 46th Street, devenant rapidement le secret le plus connu de New York. Portés par Jacqueline Kennedy, Elizabeth Taylor et Estee Lauder, les bijoux Webb ont une présence et une demande remarquées, conçus pour ceux qui sont présents dans la grande ville. On sait peu de choses sur les débuts de Webb, mais peu de gens de sa ville natale d'Asheville, en Caroline du Nord, auraient pu prévoir son ascension fulgurante vers la célébrité, quelques années seulement après son installation à New York. Webb a débuté à Asheville comme apprenti chez son oncle, orfèvre, avant de décrocher un emploi dans le quartier des diamantaires de New York à l'âge de dix-sept ans. L'indépendance dont il a fait preuve pour partir à New York à cet âge mûr ne fait que démontrer l'approche individuelle de Webb à l'égard de tous les aspects de la conception. Il réalisait lui-même tous ses travaux de design, depuis la conceptualisation de ses pièces sous forme d'esquisses au crayon, à la manière indéniable de Webb, jusqu'à leur réalisation complète. La fascination pour la couleur est au cœur de toutes les œuvres de Webb, bien qu'elle soit dictée par son profond respect pour la forme et les matériaux. La maîtrise de la géométrie par Webb lui a donné la liberté de créer sans compromis, l'assimilant à un architecte autant qu'à un artiste. C'est cette dualité de la matière et de la forme qui a attiré l'attention de Jacqueline Kennedy, qui a choisi Webb pour réaliser sept dessins destinés aux cadeaux d'État Kennedy, qui rendaient hommage aux minéraux originaires des États-Unis. Tous ces dessins ont été acceptés par Mme Kennedy, ce qui a donné lieu à une collaboration durable entre les deux artistes, Mme Kennedy elle-même comparant l'ingéniosité de Webb à celle de Cellini. Dans les années 1970, de vénérables maisons telles que Cartier et Van Cleef & Arpels se tournent vers une résurgence du style art déco. À l'inverse, dans le style auto-instruit typique de Webb, il a puisé son influence dans d'innombrables cultures couvrant de nombreuses périodes, sans émettre aucune réserve dans son choix. Il s'agit de l'avant-dernier résultat des études de Webb sur les artefacts, en utilisant les vastes ressources que la ville de New York avait à offrir. Il s'est retrouvé chaque semaine sur les marches du Metropolitan Museum of Art, préoccupé par les cultures anciennes, des gréco-romains aux byzantins. Des objets provenant des quatre coins du monde ont été revisités par Webb. Un taureau minoen devient une boucle de ceinture en or et les bracelets pénannulaires grecs deviennent les modèles des bracelets en or pour animaux qui font la réputation de Webb. Il a éloigné la joaillerie de l'abstraction, embrassant les formes figuratives et les volumes comme personne d'autre. Ses créations animales exubérantes s'inscrivent dans une lignée d'art animalier figuratif, succédant à tout ce qui va des bijoux pour grands félins de Cartier des années 1940 à l'héritage des créatures mythologiques talismaniques conservées qu'il a trouvées au Metropolitan Museum. C'est pour l'étendue de son influence, sa forte individualité et l'audace de son design que Webb est considéré comme le joaillier américain par excellence.
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Paire de pendants d'oreilles en émail et diamant, par DAVID WEBB De forme octogonale bombée, décorés d'émail noir entre des épaulements en diamant taille brillant, montés en or 18 carats et en platine, diamants d'environ 2,50 ct au total, signés Webb, longueur 3,5 cm David Webb a fondé sa ligne éponyme de haute joaillerie à Manhattan le 28 juillet 1948, à tout juste vingt-trois ans. Ses créations sont devenues l'incarnation de l'ère d'après-guerre, exsudant l'extravagance et l'excès qui étaient jusqu'alors décriés. Webb fait partie des rares personnes qui, au XXe siècle, ont revendiqué un style esthétique qui leur était propre. Les créations de Webb étaient désinhibées, audacieuses et fascinantes, attirant rapidement des foules de membres de la royauté américaine à son adresse du 2 West 46th Street, devenant rapidement le secret le plus connu de New York. Portés par Jacqueline Kennedy, Elizabeth Taylor et Estee Lauder, les bijoux Webb ont une présence et une demande remarquées, conçus pour ceux qui sont présents dans la grande ville. On sait peu de choses sur les débuts de Webb, mais peu de gens de sa ville natale d'Asheville, en Caroline du Nord, auraient pu prévoir son ascension fulgurante vers la célébrité, quelques années seulement après son installation à New York. Webb a débuté à Asheville comme apprenti chez son oncle, orfèvre, avant de décrocher un emploi dans le quartier des diamantaires de New York à l'âge de dix-sept ans. L'indépendance dont il a fait preuve pour partir à New York à cet âge mûr ne fait que démontrer l'approche individuelle de Webb à l'égard de tous les aspects de la conception. Il réalisait lui-même tous ses travaux de design, depuis la conceptualisation de ses pièces sous forme d'esquisses au crayon, à la manière indéniable de Webb, jusqu'à leur réalisation complète. La fascination pour la couleur est au cœur de toutes les œuvres de Webb, bien qu'elle soit dictée par son profond respect pour la forme et les matériaux. La maîtrise de la géométrie par Webb lui a donné la liberté de créer sans compromis, l'assimilant à un architecte autant qu'à un artiste. C'est cette dualité de la matière et de la forme qui a attiré l'attention de Jacqueline Kennedy, qui a choisi Webb pour réaliser sept dessins destinés aux cadeaux d'État Kennedy, qui rendaient hommage aux minéraux originaires des États-Unis. Tous ces dessins ont été acceptés par Mme Kennedy, ce qui a donné lieu à une collaboration durable entre les deux artistes, Mme Kennedy elle-même comparant l'ingéniosité de Webb à celle de Cellini. Dans les années 1970, de vénérables maisons telles que Cartier et Van Cleef & Arpels se tournent vers une résurgence du style art déco. À l'inverse, dans le style auto-instruit typique de Webb, il a puisé son influence dans d'innombrables cultures couvrant de nombreuses périodes, sans émettre aucune réserve dans son choix. Il s'agit de l'avant-dernier résultat des études de Webb sur les artefacts, en utilisant les vastes ressources que la ville de New York avait à offrir. Il s'est retrouvé chaque semaine sur les marches du Metropolitan Museum of Art, préoccupé par les cultures anciennes, des gréco-romains aux byzantins. Des objets provenant des quatre coins du monde ont été revisités par Webb. Un taureau minoen devient une boucle de ceinture en or et les bracelets pénannulaires grecs deviennent les modèles des bracelets en or pour animaux qui font la réputation de Webb. Il a éloigné la joaillerie de l'abstraction, embrassant les formes figuratives et les volumes comme personne d'autre. Ses créations animales exubérantes s'inscrivent dans une lignée d'art animalier figuratif, succédant à tout ce qui va des bijoux pour grands félins de Cartier des années 1940 à l'héritage des créatures mythologiques talismaniques conservées qu'il a trouvées au Metropolitan Museum. C'est pour l'étendue de son influence, sa forte individualité et l'audace de son design que Webb est considéré comme le joaillier américain par excellence.
General Terms and 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
relevant 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 Catalogue Explanation contained in condition 2.
DEFINITIONS AND GENERAL CONDITIONS
DEFINITIONS
1. In these conditions the following words and expressions shall have the following
meaings: ‘Auctioneer’ – James Adam & Sons.
‘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 list 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 accor-
dance 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 contribution 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 registra-
tion 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 and 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 Auctioneer 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’/’lnscribed’; In the opinion of the 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 contrary. The Auctioneer as agent for the seller is not responsible for any default by the seller or the buyer.
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 admission 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, proceedings, 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 employees, 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 con-
tribution, 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 refer-
ence 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 deliv-
ered by hand on the day and time of delivery and if delivered by post three (3) business days after posting.
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.Tuesday 14th May 2024 . Starting at 4pm
168
Commission
13. The buyer shall pay the Auctioneer a commission at the rate of 20.325%, exclusive of V.A.T..
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 (1) day 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 direc-
tions of the buyer or his agent in that regard whether express or implied.
The Auctioneer shall only accept payment from successful bidders in cash or by the bidder’s own cheque. Cheques drawn by third parties, whether in the Auctioneer’s favour or requiring endorsement, shall not be accepted.
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 (7) 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 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 (7) 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 one (1) day 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 neces-
sary expenses 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 thepur-
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, servants 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 con-
dition 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 accor-
dance with the then generally accepted opinion of scholars or experts or fairly indicat-
ed 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.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
22. 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
23. 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 transfer 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
24. 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 IR£100 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 IR £25. The Auctioneer may in its sole discretion sell a Lot at a Hammer Price below the reserve therefore 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.169
Commission
25. 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 the Hammer
Price of all Lots sold on behalf of the seller at Fine Art, Wine and Militaria Sales togeth-
er with V.A.T. thereon at the applicable rate. 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.
Insurance
26. 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 1% 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 indem-
nify 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.
Recision of Sale
27. 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
28. 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 oth-
erwise 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
29. If the seller resides outside Ireland the Proceeds of Sale shall be paid to such seller in Irish Punts unless it was agreed with the seller prior to the auction that the Proceeds of Sale would be paid in a currency (other than Irish Punts) specified by the seller in which case the Proceeds of Sale shall be paid by the Auctioneer to the seller in such specified currency (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.
Charges for Withdrawn Lots
30. 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 proof-
ing or publication of Catalogue they will be subject to a commission of 10% 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. All commis-
sion hereunder must be paid for before Lots withdrawn may be removed.
Unsold Lots
31. Where any Lot fails to sell at auction the Auctioneer shall notify the seller according-
ly and (in the absence of agreement between the seller and the Auctioneer to the con-
trary) 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 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 auction and commission and expenses in respect of the sub-
sequent 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 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).
Catalogue illustrations are included at the discretion of the Auctioneer. Illustration 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, €50.00 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 illustra-
tion.
VAT
34. It is presumed, unless stated to the contrary, that the items listed herein are auc-
tion 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:
__________________________________________
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.
General Terms and 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
relevant 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 Catalogue Explanation contained in condition 2.
DEFINITIONS AND GENERAL CONDITIONS
DEFINITIONS
1. In these conditions the following words and expressions shall have the following
meaings: ‘Auctioneer’ – James Adam & Sons.
‘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 list 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 accor-
dance 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 contribution 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 registra-
tion 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 and 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 Auctioneer 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’/’lnscribed’; In the opinion of the 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 contrary. The Auctioneer as agent for the seller is not responsible for any default by the seller or the buyer.
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 admission 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, proceedings, 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 employees, 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 con-
tribution, 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 refer-
ence 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 deliv-
ered by hand on the day and time of delivery and if delivered by post three (3) business days after posting.
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.Tuesday 14th May 2024 . Starting at 4pm
168
Commission
13. The buyer shall pay the Auctioneer a commission at the rate of 20.325%, exclusive of V.A.T..
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 (1) day 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 direc-
tions of the buyer or his agent in that regard whether express or implied.
The Auctioneer shall only accept payment from successful bidders in cash or by the bidder’s own cheque. Cheques drawn by third parties, whether in the Auctioneer’s favour or requiring endorsement, shall not be accepted.
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 (7) 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 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 (7) 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 one (1) day 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 neces-
sary expenses 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 thepur-
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, servants 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 con-
dition 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 accor-
dance with the then generally accepted opinion of scholars or experts or fairly indicat-
ed 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.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
22. 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
23. 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 transfer 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
24. 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 IR£100 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 IR £25. The Auctioneer may in its sole discretion sell a Lot at a Hammer Price below the reserve therefore 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.169
Commission
25. 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 the Hammer
Price of all Lots sold on behalf of the seller at Fine Art, Wine and Militaria Sales togeth-
er with V.A.T. thereon at the applicable rate. 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.
Insurance
26. 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 1% 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 indem-
nify 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.
Recision of Sale
27. 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
28. 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 oth-
erwise 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
29. If the seller resides outside Ireland the Proceeds of Sale shall be paid to such seller in Irish Punts unless it was agreed with the seller prior to the auction that the Proceeds of Sale would be paid in a currency (other than Irish Punts) specified by the seller in which case the Proceeds of Sale shall be paid by the Auctioneer to the seller in such specified currency (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.
Charges for Withdrawn Lots
30. 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 proof-
ing or publication of Catalogue they will be subject to a commission of 10% 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. All commis-
sion hereunder must be paid for before Lots withdrawn may be removed.
Unsold Lots
31. Where any Lot fails to sell at auction the Auctioneer shall notify the seller according-
ly and (in the absence of agreement between the seller and the Auctioneer to the con-
trary) 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 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 auction and commission and expenses in respect of the sub-
sequent 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 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).
Catalogue illustrations are included at the discretion of the Auctioneer. Illustration 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, €50.00 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 illustra-
tion.
VAT
34. It is presumed, unless stated to the contrary, that the items listed herein are auc-
tion 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:
__________________________________________
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.
VENTE AUX ENCHÈRES LE 14 MAI 2024 À 16H00
TOUTES LES SÉANCES DE VENTE AUX ENCHÈRES SONT
GRATUITES ET OUVERTES AU PUBLIC
Vendredi 10 mai de 10h00 à 17h00
Samedi 11 mai 13h00-17h00
Dimanche 12 mai 13h00 - 17h00
Lundi 13 mai 10h00-17h00
Mardi 14 mai 10h00-15h00
INFORMATIONS IMPORTANTES POUR LES ACHETEURS
1.
ESTIMATIONS ET RESERVES
Elles sont indiquées sous chaque lot de cette vente. Tous les
montants sont exprimés en euros. Les chiffres indiqués sont
à titre indicatif pour les acquéreurs potentiels.
acheteurs potentiels. Il s'agit de prix approximatifs attendus, non définitifs et susceptibles d'être révisés.
Ils ne sont pas définitifs et sont susceptibles d'être révisés. Le cas échéant, les prix ne seront pas plus élevés que les prix les plus bas.
Le cas échéant, ils ne seront pas plus élevés que l'estimation la plus basse.
estimation la plus basse.
2.
PAIEMENT, LIVRAISON ET PRIME D'ACHETEUR
Tous les achats doivent être payés au plus tard le vendredi 17 mai 2024.
17 mai 2024. Veuillez contacter un membre du personnel pour
pour organiser la collecte/livraison de vos achats. La commission des auc-
tion sur les achats est facturée au taux de 25% (TVA incluse).
de 25% (TVA incluse). Conditions : Strictement en espèces,
carte de crédit, traite bancaire ou chèque tiré sur une banque irlandaise.
Les chèques mettent au minimum huit jours ouvrables pour être compensés par la banque, à moins qu'ils n'aient fait l'objet d'une pièce justificative.
pour être compensés par la banque, à moins qu'ils n'aient été
à notre satisfaction avant la vente, ou si vous avez des antécédents de
de paiement par chèque avec Adam's. Nous acceptons également les paiements par carte de crédit et de débit.
acceptons également les paiements par carte de crédit et de débit (Visa
et MasterCard uniquement). Pour les paiements par virement bancaire
veuillez vous assurer que tous les frais bancaires sont payés en plus du montant de la facture, afin d'éviter tout retard dans la livraison.
en plus du montant de la facture, afin d'éviter tout retard dans la
retard dans la livraison des articles. Les marchandises ne seront libérées qu'après
de la banque de toutes les sommes dues.
Le droit de suite n'est pas dû par les acheteurs.
par les acheteurs.
3.
Réglementation en matière de TVA
Tous les lots sont vendus dans le cadre du régime de la marge de TVA des commissaires-priseurs.
des commissaires-priseurs. La réglementation fiscale exige que la prime de l'acheteur soit facturée à un taux qui est in- térieur à celui de l'acheteur.
d'achat doit être facturée à un taux qui est in- clusif de la TVA.
de la TVA. Cette prime n'est pas récupérable par un acheteur enregistré à la TVA.
n'est pas récupérable par un acheteur enregistré à la TVA.
Les lots marqués d'un astérisque (*) doivent être vendus sous réserve de la réglementation relative à l'admission temporaire (importation).
Les lots marqués d'un astérisque (*) sont vendus sous réserve de la réglementation relative à l'admission temporaire (importation). Pour les acheteurs
pour les acheteurs basés en République d'Irlande, le prix d'adjudication sera soumis à la TVA à l'importation au taux réduit.
prix d'adjudication sera soumis à la TVA à l'importation au taux réduit, actuellement de 13,5 %, et à la TVA de l'acheteur.
à l'importation au taux réduit, actuellement 13,5%, et la prime de l'acheteur sera soumise à la TVA au taux normal.
sera soumise à la TVA au taux normal, soit actuellement
23%. Pour les acheteurs situés en dehors de la République d'Ire-
d'Irlande, veuillez contacter notre service comptable pour
pour plus de détails.
4.
CONDITIONS
Il appartient à l'enchérisseur de s'assurer avant l'achat de l'état d'un lot.
de s'assurer de l'état d'un lot avant de l'acheter. En ce qui concerne les rapports de con-
de l'état, nous faisons certaines observations sur le lot, qui
sur le lot, qui ont pour but d'être aussi utiles que possible, les
les références au dommage ou à la restauration dans le rapport d'état sont données à titre indicatif.
de dommages ou de restauration sont données à titre indicatif. L'absence d'une telle
L'absence d'une telle référence n'implique pas qu'un objet soit exempt de défauts ou de restaurations.
de défauts ou de restauration, ni qu'une référence à des
de défauts particuliers n'implique pas l'absence d'autres défauts.
d'autres. Le rapport d'état est l'expression d'une opinion
d'opinion et ne doit pas être considéré comme une déclaration de fait.
de fait. Veuillez vous assurer que les demandes de rapport d'état
avant le mardi 14 mai 2024 à 12 heures, car nous ne pouvons pas garantir qu'elles seront traitées dans les meilleurs délais.
2024, car nous ne pouvons pas garantir qu'elles seront
après cette heure.
5.
OFFRES PAR CORRESPONDANCE
Nous sommes heureux d'exécuter des offres écrites ou par correspondance
pour les soumissionnaires qui ne sont pas en mesure de se rendre sur place ou d'enchérir en ligne.
ou d'enchérir en ligne, et nous pouvons également organiser des
par téléphone. Toutefois, ces services
Ces services sont toutefois soumis à des conditions particulières (voir les conditions de vente dans ce catalogue).
conditions de vente du présent catalogue). Toutes les dispositions concernant les absen-
d'enchères par téléphone doivent être prises avant 17 heures la veille de la vente.
avant 17 heures la veille de la vente. Les enchères par téléphone
peuvent être réservées pour tous les lots. Il est conseillé de réserver à l'avance car la disponibilité des lignes ne peut être garantie.
Il est conseillé de réserver à l'avance car la disponibilité des lignes ne peut être garantie.
6.
TOUS LES LOTS SONT VENDUS AUX CONDITIONS DE
CONDITIONS DE VENTE TELLES QU'IMPRIMÉES DANS CE
CATALOGUE ET SUR NOTRE SITE INTERNET.
AUCTION 14 MAY 2024 AT 4.00 PM
ALL AUCTION VIEWINGS ARE
FREE AND OPEN TO THE PUBLIC
Friday 10 May 10.00am–5:00pm
Saturday 11 May 1.00pm– 5.00pm
Sunday 12 May 1.00pm – 5.00pm
Monday 13 May 10.00am–5:00pm
Tuesday 14 May 10.00am–3:00pm
IMPORTANT INFORMATION FOR PURCHASERS
1.
ESTIMATES AND RESERVES
These are shown below each lot in this sale. All
amounts shown are in Euro. The figures shown are
provided merely as a guide to prospective purchas-
ers. They are approximate prices which are expect-
ed, are not definitive and are subject to revision. Re-
serves, if any, will not be any higher than the lower
estimate.
2.
PAYMENT, DELIVERY AND PURCHASERS PREMIUM
All purchases must be paid for no later than Friday
17th May 2024. Please contact a member of staff to
arrange collection/delivery of your purchases. Auc-
tioneers commission on purchases is charged at the
rate of 25% (inclusive of VAT). Terms: Strictly cash,
card, bankers draft or cheque drawn on an Irish bank.
Cheques will take a minimum of eight workings days
to clear the bank, unless they have been vouched
to our satisfaction prior to the sale, or you have a
previous cheque payment history with Adam’s. We
also accept payment by credit and debit card (Visa
& MasterCard only). For payments by bank transfer
please ensure all bank charges are paid in addition
to the invoice total, in order to avoid delays in the
release of items. Goods will only be released upon
clearance through the bank of all monies due.
Artists Resale Rights (Droit de Suite) is not payable
by purchasers.
3.
VAT Regulations
All lots are sold within the auctioneers VAT margin
scheme. Revenue regulations require that the buy-
er’s premium must be invoiced at a rate which is in-
clusive of VAT. This is not recoverable by any VAT
registered buyer.
Lots marked * are to be sold whilst subject to Tem-
porary Admission (Import) regulations. For purchas-
ers based in the Republic of Ireland - the hammer
price will be subject to import VAT at the reduced
rate, currently 13.5%, and the Buyer’s Premium will
be subject to VAT at the standard rate, currently
23%. For purchasers outside of the Republic of Ire-
land, please contact our Accounts Department for
further details.
4.
CONDITION
It is up to the bidder to satisfy themselves prior to
buying as to the condition of a lot. In relation to Con-
dition Reports, whilst we make certain observations
on the lot, which are intended to be as helpful as
possible, references in the condition report to dam-
age or restoration are for guidance. The absence of
such a reference does not imply that an item is free
from defects or restoration, nor does a reference
to particular defects imply the absence of any oth-
ers. The condition report is an expression of opin-
ion only and must not be treated as a statement of
fact. Please ensure that condition report requests
are submitted before 12 noon on Tuesday 14th May
2024 as we cannot guarantee that they will be dealt
with after this time.
5.
ABSENTEE BIDS
We are happy to execute absentee or written bids
for bidders who are unable to attend or bid online
themselves and can also arrange for bidding to be
conducted by telephone. However, these services
are subject to special conditions (see conditions of
sale in this catalogue). All arrangements for absen-
tee and telephone bidding must be made before
5pm on the day prior to sale. Bidding by telephone
may be booked on all lots. Early booking is advis-
able as availability of lines cannot be guaranteed.
6.
ALL LOTS ARE BEING SOLD UNDER THE
CONDITIONS OF SALE AS PRINTED IN THIS
CATALOGUE AND ON DISPLAY ON OUR WEBSITE.
Exposition des lots
Modifier votre adresse de livraison
Vous pouvez recourir au transporteur de votre choix.
Le prix indiqué n’inclut ni le prix du lot, ni les frais de la maison de vente.
