BAGUE EN RUBIS ET DIAMANTS De forme losangique ajourée, sertie d'un rubis de forme ovale et de diamants de taille carrée et baguette, sur un anneau poli, montée en or, taille de bague O
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BAGUE EN RUBIS ET DIAMANTS De forme losangique ajourée, sertie d'un rubis de forme ovale et de diamants de taille carrée et baguette, sur un anneau poli, montée en or, taille de bague O
GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as
may be expressly agreed with the
Auctioneer or set out in any 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
1. In these conditions the following words and expres-
sions shall have the following meanings:
Auctioneer - James Adam and Sons trading as Adam’s.
Auctioneer’s Commission - The commission payable to
the Auctioneer by the buyer and seller as specified in
conditions 13 and 25.
Catalogue - Any advertisement, brochure, estimate, price
or other publication.
Forgery - A Lot which was made with the intention of de-
ceiving with regard to authorship, 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 substan-
tially less than it would have been had the Lot been in
accordance with the Catalogue description.
Hammer Price - The price at which a Lot is knocked down
by the Auctioneer to the buyer.
Lot - Any item which is deposited with the Auctioneer with
a view to its sale at auction and, in particular, the item or
items described against any Lot number in any Catalogue.
Proceeds of Sale - The net amount due to the seller being
the Hammer Price of the Lot after deducting the Auction-
eer’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 regis-
tration 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 com-
mencement of an auction.
Sale Order Form - The sale order form to be completed
and signed by each seller prior to the commencement of
an auction.
Total Amount Due - The Hammer Price of the Lot sold, the
Auctioneer’s Commission due thereon under condition
13, such VAT as is chargeable and any additional interest,
expenses or charges due hereunder.
V.A.T. - Value Added Tax.
Cataloguing Practice & Catalogue Explanations
2. Terms used in Catalogues have the following meanings
and the Cataloguing Practice is as follows:
The first name or names and surname of the artist - In the
opinion of the Auctioneer a work by the artist.
The initials of the first name(s) and the surname of the
artist - In the opinion of the 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 follow-
ers of the artist or in his style.
The surname of the artist preceded by ‘after’ - In the
opinion of the Auctioneer a copy of the work of the
artist.
Signed/Dated/Inscribed - In the opinion of tile Auction-
eer the work has been signed/dated/inscribed by the
artist.
With Signature/With date/With inscription’- In the opin-
ion 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, proba-
bly a work of the artist.
Studio of/Workshop of - In the opinion of the Auction-
eer 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.
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. The auctioneer
reserves the right to bid on behalf of the seller.
Auctioneer Bidding on behalf of Buyer
4. It is suggested that the interests of prospective
buyers are best protected and served by the buyers
attending at an auction. However, the Auctioneer will,
if instructed, execute bids on behalf of a prospective
buyer. Neither the Auctioneer nor its employees, ser-
vants 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 bid-
ding 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
GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as
may be expressly agreed with the
Auctioneer or set out in any 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.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 Auction-
eer in any Catalogue as to contribution, authorship,
genuineness, source, origin, date, age, provenance,
condition or estimated selling price or value is a
statement of opinion only. Neither the Auctioneer nor
its employees, servants or agents shall be responsible
for the accuracy of any such opinions. Every person
interested in a Lot must exercise and rely on their own
judgment and opinion as to such matters.
9. The headings of the conditions herein contained
are inserted for convenience of reference only and are
not intended to be part of, or to effect, the meaning or
interpretation thereof.
Governing Law
10. These conditions shall be governed by and con-
strued 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 Auction-
eer in writing. Every notice or communication given in
accordance with this condition shall be deemed to have
been received if delivered by hand on the day and time
of delivery and if delivered by post three (3) business
days after posting.
CONDITIONS WHICH MAINLY CONCERN THE BUYER
The Buyer
12. The buyer shall be the highest bidder acceptable
to the Auctioneer who buys at the Hammer Price. Any
dispute which may arise with regard to bidding or the
acceptance of bids shall be settled by the Auctioneer.
Every bidder shall be deemed to act as principal unless
the Auctioneer has prior to the auction, acknowledged
in writing that a bidder is acting as agent on behalf of a
named principal.
The Commission
13. The buyer shall pay the Auctioneer a commission at
the rate of 20% of the Hammer Price, exclusive of VAT
at the applicable rate on all individual lots.
Payment
14. Unless credit terms have been agreed with the
Auctioneer before the auction the buyer of a Lot shall
pay to the Auctioneer within one (2) days from the date
of the auction the Total Amount Due. Notwithstanding
this, the Auctioneer may, in its sole discretion, require a
buyer to pay a deposit of 25% of the Total Amount Due
at the conclusion of the auction.
The Auctioneer may apply any payments received by
a buyer towards any sums owing from that buyer to
the Auctioneer on any account whatever regardless of
any directions of the buyer or his agent in that regard
whether express or implied.
The Auctioneer shall only accept payment from success-
ful bidders in cash, draft in Euro or by the bidder’s own
cheque drawn on an Irish bank account vouched to the
satisfaction of the Auctioneer. Cheques drawn by third
parties, whether in the Auctioneer’s favour or requiring
endorsement, shall not be accepted. We also accept
payment by credit card, Visa & Mastercard subject to a
administration charge of 2% of the total amount due.
American Expess 3.65% administration charge. We also
accept debit card payments by way of Laser, with no
surcharge, however the cardholder in person can only
make the payment.
Reservation of Title
15. Notwithstanding delivery or passing of risk to the
buyer the ownership of a Lot shall not pass to the buyer
until he has paid to the Auctioneer the Total Amount
Due.
Collection of Purchases
16. The buyer shall at his own expense collect the
Lot purchased not later than seven (2) days after the
date of the auction but (unless credit terms have been
agreed with the Auctioneer pursuant to condition 14)
not before payment to the
Auctioneer of the Total Amount Due.
The buyer shall be responsible for any removal, storage
and insurance charges in respect of any Lot which is not
taken away within seven (2) days after the date of the
auction.
The purchased Lot shall be at the buyer’s risk in all
respects from the earlier of the time of collection or the
expiry of (2) days from the date of the auction. Neither
the Auctioneer nor its employees, servants or agents
shall thereafter be liable for any loss or damage of any
kind howsoever caused while a purchased Lot remains
in its custody or control after such time
Packaging and Handling of Purchased Lots
17. Purchased Lots may be packed and handled by the
Auctioneer, its employees, servants or agents. Where
this is done it is undertaken solely as a courtesy to
buyers and at the discretion of the Auctioneer. Under
no circumstances shall the Auctioneer, its employees,
servants or agents be liable for damage of any kind and
howsoever caused to glass or frames nor shall the Auc-
tioneer 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 pur-
chased Lot by the dates herein specified for payment
and collection the Auctioneer shall, in its absolute
discretion and without prejudice to any other rightsor 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 buy-
er and the amount received by the Auctioneer on such
resale after deduction of any necessary 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 the purchased 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 settle-
ment 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 mak-
ing 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 er-
rors 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 what-
soever is given by the seller or Auctioneer or by any of
their employees, servants or agents in respect of any
Lot and any condition or warranty express, or implied
by statute or otherwise is hereby specifically excluded.
Forgeries
20. Any amount paid by a buyer in respect of a Lot
which, if it is proved within three (3) years of the date
of the auction at which it was purchased, to have been
a Forgery shall be refunded to the seller subject to the
provisions hereof, provided that:
(a) The Lot has been returned by the buyer to the Auc-
tioneer 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 Forg-
ery, the number of the Lot and the date of the auction
at which it was purchased;
(b) The Auctioneer is satisfied that the Lot is a Forgery
and that the buyer has and is able to transfer good and
marketable title to the Lot free from any third party
claims;
FURTHER PROVIDED THAT the buyer shall have no
rights hereunder if:
(i) The description of the Lot in the Catalogue at the
time of the auction was in accordance with the then
generally accepted opinion of scholars or experts or
fairly indicated that there was a conflict of such opinion;
(ii) The only method of establishing at the time of the
auction in question that the Lot was a Forgery would
have been by means of scientific processes which were
not generally 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 consequen-
tial, 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 exclu-
sively for the buyer and shall not be assignable. The
buyer shall for the purpose of this condition be the
person to whom the original invoice in respect of the
sale of the Lot is made.
Photographs
21. The buyer authorises the Auctioneer at any time
to make use of any photographs or illustrations of the
Lot purchased by the buyer for such purposes as the
Auctioneer may require.
22. New VAT Regulations
22a) All lots are sold within the Auctioneer’s VAT margin
scheme. Revenue Regulations require that the buyers
premium must be invoiced at a rate which is inclusive of
VAT. This VAT is not recoverable by any VAT registered
buyer.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
23. With regard to the sale of any Lot the Auctioneershall 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 Cata-
logue.
(iv) To decide whether the views of any expert shall be
obtained and to submit Lots for examination by any
such experts.
(v) To determine what illustration of a Lot (if any) is to
be included in the Catalogue.
Seller’s Warranty and Indemnity
24. The seller warrants to the Auctioneer and to the
buyer that he is the true owner of the Lot or is legally
authorised to sell the Lot on behalf of the true owner
and can 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 Auc-
tioneer and the buyer that the Lot will be available and
in a deliverable state on demand by the Auctioneer or
buyer. The seller shall indemnify the Auctioneer and the
buyer or any of their respective employees, servants
or agents against any loss or damage suffered by any
of them in consequence of any breach of the above
warranties or undertakings by the seller.
Reserves
25. Subject to the Auctioneer’s discretion, the seller
shall be entitled prior to the auction to place a reserve
on any Lot. All reserves must be agreed in advance by
the Auctioneer and entered on the Sale Order Form or
subsequently be confirmed in writing to the Auction-
eer prior to auction. This also applies to changes in
reserves. A reserve may not be placed upon any Lots
under €150 in value. The reserve shall be the minimum
Hammer Price at which the Lot may be sold by the Auc-
tioneer. 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 minimum commission hereunder
shall be €50. The Auctioneer may in its sole discretion
sell a Lot at a Hammer Price below the reserve thereon
but in such case the Proceeds of Sale to which the
seller shall be entitled shall be the same as they would
have been had the sale been at the reverse. Unless a
reserve has been placed on a Lot in accordance with
the provisions set out above such Lot shall be put up
for sale without reserve. In the event that any reserve
price is not reached at auction then for so long as the
Lot remains with the Auctioneer and to the extent that
the Lot has not been re-entered in another auction
pursuant to condition 31 the seller authorises the
Auctioneer to sell the Lot by private treaty at not less
than the reserve price. The Auctioneer shall ensure that
in such a case those conditions herein which concern
mainly the buyer shall, with any necessary modification,
apply to such sale.
Commission
26. The Seller shall pay the Auctioneer commission at
the rate of 10% on the Hammer Price of all Lots sold on
behalf of the seller at Irish Art Sales and 17.5% on all
other Sales together with VAT thereon at the applicable
rate. Minimum charges are detailed below. The seller
authorises the Auctioneer to deduct from the Hammer
Price paid by the buyer the Auctioneer’s Commission
under this condition; VAT payable at the applicable
rates and any other amounts due by the seller to the
Auctioneer in whatever capacity howsoever arising. The
seller agrees that the Auctioneer may also receive com-
mission from the buyer pursuant to condition 13.
Minimum Charges: Each individual lot is subject to a
minimum fee of €3.00 plus VAT, with a minimum charge
per account of €50.00 plus VAT.
Insurance
27. Unless otherwise instructed by the seller, all Lots
(with the exception of motor vehicles) 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 dis-
cretion determine. The seller shall pay the Auctioneer a
contribution towards such insurance at the rate of 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 proceed-
ings 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 represen-
tation, 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 dis-
cretion 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 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. Contemporary pictureillustrations: €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 Auction-
eer 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 endeavor 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 endeavor 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 Pro-
ceeds 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 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.
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 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 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 accordingly 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 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 Auction-
eer shall have the right to sell such Lots by public auc-
tion 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 tran-
sit 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 pro-
vided 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 and the estates of deceased artists within 70
years from their date of death, of E.U. Nationality on allworks 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 infor-
mation necessary to secure payment. Unless otherwise
directed by the vendor, the Auctioneer will automati-
cally deduct the amount due from the proceeds of sale
and will hold in trust for the artist or their representa-
tive the said sum.
GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as
may be expressly agreed with the
Auctioneer or set out in any 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
1. In these conditions the following words and expres-
sions shall have the following meanings:
Auctioneer - James Adam and Sons trading as Adam’s.
Auctioneer’s Commission - The commission payable to
the Auctioneer by the buyer and seller as specified in
conditions 13 and 25.
Catalogue - Any advertisement, brochure, estimate, price
or other publication.
Forgery - A Lot which was made with the intention of de-
ceiving with regard to authorship, 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 substan-
tially less than it would have been had the Lot been in
accordance with the Catalogue description.
Hammer Price - The price at which a Lot is knocked down
by the Auctioneer to the buyer.
Lot - Any item which is deposited with the Auctioneer with
a view to its sale at auction and, in particular, the item or
items described against any Lot number in any Catalogue.
Proceeds of Sale - The net amount due to the seller being
the Hammer Price of the Lot after deducting the Auction-
eer’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 regis-
tration 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 com-
mencement of an auction.
Sale Order Form - The sale order form to be completed
and signed by each seller prior to the commencement of
an auction.
Total Amount Due - The Hammer Price of the Lot sold, the
Auctioneer’s Commission due thereon under condition
13, such VAT as is chargeable and any additional interest,
expenses or charges due hereunder.
V.A.T. - Value Added Tax.
Cataloguing Practice & Catalogue Explanations
2. Terms used in Catalogues have the following meanings
and the Cataloguing Practice is as follows:
The first name or names and surname of the artist - In the
opinion of the Auctioneer a work by the artist.
The initials of the first name(s) and the surname of the
artist - In the opinion of the 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 follow-
ers of the artist or in his style.
The surname of the artist preceded by ‘after’ - In the
opinion of the Auctioneer a copy of the work of the
artist.
Signed/Dated/Inscribed - In the opinion of tile Auction-
eer the work has been signed/dated/inscribed by the
artist.
With Signature/With date/With inscription’- In the opin-
ion 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, proba-
bly a work of the artist.
Studio of/Workshop of - In the opinion of the Auction-
eer 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.
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. The auctioneer
reserves the right to bid on behalf of the seller.
Auctioneer Bidding on behalf of Buyer
4. It is suggested that the interests of prospective
buyers are best protected and served by the buyers
attending at an auction. However, the Auctioneer will,
if instructed, execute bids on behalf of a prospective
buyer. Neither the Auctioneer nor its employees, ser-
vants 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 bid-
ding 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
GENERAL TERMS & CONDITIONS OF BUSINESS
The Auctioneer carries on business on the following terms and conditions and on such other terms or conditions as
may be expressly agreed with the
Auctioneer or set out in any 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.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 Auction-
eer in any Catalogue as to contribution, authorship,
genuineness, source, origin, date, age, provenance,
condition or estimated selling price or value is a
statement of opinion only. Neither the Auctioneer nor
its employees, servants or agents shall be responsible
for the accuracy of any such opinions. Every person
interested in a Lot must exercise and rely on their own
judgment and opinion as to such matters.
9. The headings of the conditions herein contained
are inserted for convenience of reference only and are
not intended to be part of, or to effect, the meaning or
interpretation thereof.
Governing Law
10. These conditions shall be governed by and con-
strued 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 Auction-
eer in writing. Every notice or communication given in
accordance with this condition shall be deemed to have
been received if delivered by hand on the day and time
of delivery and if delivered by post three (3) business
days after posting.
CONDITIONS WHICH MAINLY CONCERN THE BUYER
The Buyer
12. The buyer shall be the highest bidder acceptable
to the Auctioneer who buys at the Hammer Price. Any
dispute which may arise with regard to bidding or the
acceptance of bids shall be settled by the Auctioneer.
Every bidder shall be deemed to act as principal unless
the Auctioneer has prior to the auction, acknowledged
in writing that a bidder is acting as agent on behalf of a
named principal.
The Commission
13. The buyer shall pay the Auctioneer a commission at
the rate of 20% of the Hammer Price, exclusive of VAT
at the applicable rate on all individual lots.
Payment
14. Unless credit terms have been agreed with the
Auctioneer before the auction the buyer of a Lot shall
pay to the Auctioneer within one (2) days from the date
of the auction the Total Amount Due. Notwithstanding
this, the Auctioneer may, in its sole discretion, require a
buyer to pay a deposit of 25% of the Total Amount Due
at the conclusion of the auction.
The Auctioneer may apply any payments received by
a buyer towards any sums owing from that buyer to
the Auctioneer on any account whatever regardless of
any directions of the buyer or his agent in that regard
whether express or implied.
The Auctioneer shall only accept payment from success-
ful bidders in cash, draft in Euro or by the bidder’s own
cheque drawn on an Irish bank account vouched to the
satisfaction of the Auctioneer. Cheques drawn by third
parties, whether in the Auctioneer’s favour or requiring
endorsement, shall not be accepted. We also accept
payment by credit card, Visa & Mastercard subject to a
administration charge of 2% of the total amount due.
American Expess 3.65% administration charge. We also
accept debit card payments by way of Laser, with no
surcharge, however the cardholder in person can only
make the payment.
Reservation of Title
15. Notwithstanding delivery or passing of risk to the
buyer the ownership of a Lot shall not pass to the buyer
until he has paid to the Auctioneer the Total Amount
Due.
Collection of Purchases
16. The buyer shall at his own expense collect the
Lot purchased not later than seven (2) days after the
date of the auction but (unless credit terms have been
agreed with the Auctioneer pursuant to condition 14)
not before payment to the
Auctioneer of the Total Amount Due.
The buyer shall be responsible for any removal, storage
and insurance charges in respect of any Lot which is not
taken away within seven (2) days after the date of the
auction.
The purchased Lot shall be at the buyer’s risk in all
respects from the earlier of the time of collection or the
expiry of (2) days from the date of the auction. Neither
the Auctioneer nor its employees, servants or agents
shall thereafter be liable for any loss or damage of any
kind howsoever caused while a purchased Lot remains
in its custody or control after such time
Packaging and Handling of Purchased Lots
17. Purchased Lots may be packed and handled by the
Auctioneer, its employees, servants or agents. Where
this is done it is undertaken solely as a courtesy to
buyers and at the discretion of the Auctioneer. Under
no circumstances shall the Auctioneer, its employees,
servants or agents be liable for damage of any kind and
howsoever caused to glass or frames nor shall the Auc-
tioneer 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 pur-
chased Lot by the dates herein specified for payment
and collection the Auctioneer shall, in its absolute
discretion and without prejudice to any other rightsor 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 buy-
er and the amount received by the Auctioneer on such
resale after deduction of any necessary 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 the purchased 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 settle-
ment 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 mak-
ing 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 er-
rors 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 what-
soever is given by the seller or Auctioneer or by any of
their employees, servants or agents in respect of any
Lot and any condition or warranty express, or implied
by statute or otherwise is hereby specifically excluded.
Forgeries
20. Any amount paid by a buyer in respect of a Lot
which, if it is proved within three (3) years of the date
of the auction at which it was purchased, to have been
a Forgery shall be refunded to the seller subject to the
provisions hereof, provided that:
(a) The Lot has been returned by the buyer to the Auc-
tioneer 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 Forg-
ery, the number of the Lot and the date of the auction
at which it was purchased;
(b) The Auctioneer is satisfied that the Lot is a Forgery
and that the buyer has and is able to transfer good and
marketable title to the Lot free from any third party
claims;
FURTHER PROVIDED THAT the buyer shall have no
rights hereunder if:
(i) The description of the Lot in the Catalogue at the
time of the auction was in accordance with the then
generally accepted opinion of scholars or experts or
fairly indicated that there was a conflict of such opinion;
(ii) The only method of establishing at the time of the
auction in question that the Lot was a Forgery would
have been by means of scientific processes which were
not generally 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 consequen-
tial, 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 exclu-
sively for the buyer and shall not be assignable. The
buyer shall for the purpose of this condition be the
person to whom the original invoice in respect of the
sale of the Lot is made.
Photographs
21. The buyer authorises the Auctioneer at any time
to make use of any photographs or illustrations of the
Lot purchased by the buyer for such purposes as the
Auctioneer may require.
22. New VAT Regulations
22a) All lots are sold within the Auctioneer’s VAT margin
scheme. Revenue Regulations require that the buyers
premium must be invoiced at a rate which is inclusive of
VAT. This VAT is not recoverable by any VAT registered
buyer.
CONDITIONS WHICH MAINLY CONCERN THE SELLER
Auctioneer’s Discretion
23. With regard to the sale of any Lot the Auctioneershall 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 Cata-
logue.
(iv) To decide whether the views of any expert shall be
obtained and to submit Lots for examination by any
such experts.
(v) To determine what illustration of a Lot (if any) is to
be included in the Catalogue.
Seller’s Warranty and Indemnity
24. The seller warrants to the Auctioneer and to the
buyer that he is the true owner of the Lot or is legally
authorised to sell the Lot on behalf of the true owner
and can 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 Auc-
tioneer and the buyer that the Lot will be available and
in a deliverable state on demand by the Auctioneer or
buyer. The seller shall indemnify the Auctioneer and the
buyer or any of their respective employees, servants
or agents against any loss or damage suffered by any
of them in consequence of any breach of the above
warranties or undertakings by the seller.
Reserves
25. Subject to the Auctioneer’s discretion, the seller
shall be entitled prior to the auction to place a reserve
on any Lot. All reserves must be agreed in advance by
the Auctioneer and entered on the Sale Order Form or
subsequently be confirmed in writing to the Auction-
eer prior to auction. This also applies to changes in
reserves. A reserve may not be placed upon any Lots
under €150 in value. The reserve shall be the minimum
Hammer Price at which the Lot may be sold by the Auc-
tioneer. 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 minimum commission hereunder
shall be €50. The Auctioneer may in its sole discretion
sell a Lot at a Hammer Price below the reserve thereon
but in such case the Proceeds of Sale to which the
seller shall be entitled shall be the same as they would
have been had the sale been at the reverse. Unless a
reserve has been placed on a Lot in accordance with
the provisions set out above such Lot shall be put up
for sale without reserve. In the event that any reserve
price is not reached at auction then for so long as the
Lot remains with the Auctioneer and to the extent that
the Lot has not been re-entered in another auction
pursuant to condition 31 the seller authorises the
Auctioneer to sell the Lot by private treaty at not less
than the reserve price. The Auctioneer shall ensure that
in such a case those conditions herein which concern
mainly the buyer shall, with any necessary modification,
apply to such sale.
Commission
26. The Seller shall pay the Auctioneer commission at
the rate of 10% on the Hammer Price of all Lots sold on
behalf of the seller at Irish Art Sales and 17.5% on all
other Sales together with VAT thereon at the applicable
rate. Minimum charges are detailed below. The seller
authorises the Auctioneer to deduct from the Hammer
Price paid by the buyer the Auctioneer’s Commission
under this condition; VAT payable at the applicable
rates and any other amounts due by the seller to the
Auctioneer in whatever capacity howsoever arising. The
seller agrees that the Auctioneer may also receive com-
mission from the buyer pursuant to condition 13.
Minimum Charges: Each individual lot is subject to a
minimum fee of €3.00 plus VAT, with a minimum charge
per account of €50.00 plus VAT.
Insurance
27. Unless otherwise instructed by the seller, all Lots
(with the exception of motor vehicles) 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 dis-
cretion determine. The seller shall pay the Auctioneer a
contribution towards such insurance at the rate of 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 proceed-
ings 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 represen-
tation, 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 dis-
cretion 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 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. Contemporary pictureillustrations: €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 Auction-
eer 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 endeavor 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 endeavor 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 Pro-
ceeds 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 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.
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 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 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 accordingly 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 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 Auction-
eer shall have the right to sell such Lots by public auc-
tion 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 tran-
sit 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 pro-
vided 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 and the estates of deceased artists within 70
years from their date of death, of E.U. Nationality on allworks 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 infor-
mation necessary to secure payment. Unless otherwise
directed by the vendor, the Auctioneer will automati-
cally deduct the amount due from the proceeds of sale
and will hold in trust for the artist or their representa-
tive the said sum.
M O N DAY 2 4 T H J U N E 2 0 2 4 - 2:00PM
ADAM'S SALEROOMS,
26 ST. STEPHEN'S GREEN,
DUBLIN, D02 X665,
IRLANDE
JOURS DE VISITE
vendredi 21 juin 10h - 17h
samedi 22 juin 13h - 17h
dimanche 23 juin 13h - 17h
lundi 24 juin 10h00 - 14h00
Contact : [email protected]
M O N DAY 2 4 T H J U N E 2 0 2 4 - 2:00PM
ADAM’S SALEROOMS,
26 ST. STEPHEN’S GREEN,
DUBLIN, D02 X665,
IRELAND
VIEWING DAYS
friday 21st june 10am - 5pm
saturday 22nd june 1pm - 5pm
sunday 23rd june 1pm - 5pm
monday 24th june 10am - 2pm
Contact: [email protected]
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