Whyte & Sons Auctioneers Limited, trading as Whyte's, hereinafter
called "the auctioneer" exercises all reasonable care to ensure
that all descriptions are reliable and accurate, and that each item is
genuine unless the contrary is indicated. However, the descriptions are
not intended to be, are not and are not to be taken to be, statements
of fact or representations of fact in relation to the lot. They are statements
of the opinion of the auctioneers, and attention is particularly drawn
to clause 5 set out below. Comments and opinions, which may be found in
or on lots as labels, notes, lists, catalogue prices, or any other means
of expression, do not constitute part of lot descriptions and are not
to be taken as such unless they are made or specifically verified by the
auctioneers.
Clause 1
(a) Each lot is put up subject to any reserve price imposed by the vendor
(b) Subject to sub-clause (a) of this clause, the highest bidder for each
lot shall be the purchaser thereof
(c) If any dispute arises as to the highest bidder the auctioneer shall
have absolute discretion to determine the dispute and may put up again
and re-sell the lot in respect of which the dispute arises.
Clause 2
(a) The bidding and advances shall be regulated by and at the absolute
discretion of the auctioneer and he shall have the right to refuse any
bid or bids. NOTE: Where an agent bids, even on behalf of a disclosed
client, the auctioneer nevertheless has the right at his discretion to
refuse any such bid.
(b) The purchaser of each lot shall immediately on its sale, if required
by the auctioneer, give him the name and address of the purchaser and
pay to the auctioneer at his discretion the whole or part of the purchase
money. If the purchaser of any lot fails to comply with any such requirement
the auctioneer may put up again and re-sell the lot; if upon such re-sale
a lower price is obtained than was obtained on the first sale the purchaser
in default on the first sale shall make good the difference in price and
expenses of re-sale which shall become a debt due from him.
(c) Where an agent purchases on behalf of an undisclosed client such agent
shall be personally liable for payment of the purchase money to the auctioneer
and for safe delivery of the lot to the said client.
Clause 3
(a) The auctioneer reserves the rights to bid on behalf of clients including
vendors, but shall not be liable for errors or omissions in executing
instructions to bid.
(b) The auctioneer reserves the rights, before or during a sale, to group
together lots belonging to the same vendor, to split up and to withdraw
any lot or lots at the auctioneer's absolute discretion and without giving
any reason in any case.
(c) The auctioneer acts as agent only, and therefore shall not be liable
for any default of the purchaser or vendor.
Clause 4
(a) Each lot shall be at the purchaser's risk from the fall of the hammer
and shall be paid for in full before delivery and taken away at his expense
within one day of the sale. The buyer will be responsible for all removal,
storage and insurance charges in respect of any lot which has not been
collected within one day of the date of sale. (b) If any purchaser fails
to pay in full for any lot within 21 days of the date of sale such lot
may at any time thereafter at the auctioneer's discretion be put up for
sale by auction again or sold privately; if upon such re-sale a lower
price is obtained than was obtained on the first sale the purchaser in
default on the first sale shall make good the difference in price and
the expenses of re-sale which shall become debt due from him. (c) Interest
at 2 per cent per month and legal costs (if any) for recovery of monies
due shall be payable by the purchaser on any overdue account.
Clause 5
(a) All lots are made available for inspection before each sale and each
buyer, by making a bid, acknowledges that he has 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).
(b) All lots are sold with all faults and imperfections and errors of
description and the Auctioneer and its employees, servants or agents shall
not be responsible for any error of description or for the condition or
authenticity of any lot, save for Clause 5 (c) below. Written or verbal
condition reports may be supplied by the Auctioneer on request but these
are merely statements of opinion, and any error or omission in these reports
may not be taken as grounds for a cancellation of sale or refund of any
part of the purchase price or the cost of any repairs to the lot or lots
reported on
(c) A purchaser shall be at liberty to reject any lot if he - (i) gives
the auctioneer written notice of intention to question the genuineness
of the lot within seven days from the date of sale; AND (ii) proves that
the lot is a deliberate forgery and (iii) returns to the auctioneer within
20 days from the date of sale the lot in the same condition as it was
at the time of sale; provided that the auctioneer may, at his discretion,
on receiving a request in writing from the purchaser, extend for a reasonable
period the time for return of the lot to enable it to be submitted to
expertisation. NOTE: The onus of proving a lot to be a deliberate forgery
is on the purchaser.
(d) Where a lot has been submitted to expertisation, all costs of such
expertisation shall be paid by the person who retains the certificate
of expertisation and item or items to which the certificate relates.
(e) Where the purchaser of a lot discharges the onus and acts in accordance
with sub-clause (b) of this clause, the auctioneer shall rescind the sale
and repay to the purchaser the purchase money paid by him in respect of
the lot.
(f) No lot shall be rejected if, subsequent to the sale, it has been marked
by an expert committee or treated by any other process unless the auctioneer's
permission to subject the lot to such treatment has first been obtained
in writing.
(g) Any lot listed as a "collection, range, portfolio etc."
or stated to comprise or contain a collection or range of items which
are not described shall be put up for sale not subject to rejection and
shall be taken by the purchaser with all (if any) faults, lack of genuineness
and errors of description and numbers of items in the lot, and the purchaser
shall have no right to reject the lot; except that, notwithstanding the
foregoing provisions of this sub-clause, where before a sale a person
intending to bid at the sale gives notice in writing to, and satisfies
the auctioneer that any such lot contains any item or items undescribed
in the sale catalogue and that person specifically describes that item
or those items in that notice, then that item or those items shall, as
between the auctioneer and that person, to be taken to form part of the
description of the lot. Clause 6 The respective rights and obligations
of the parties shall be governed and interpreted by Irish law, and the
buyer hereby submits to the exclusive jurisdiction of the Irish Courts.
SPECIAL CONDITIONS
(a) (a) The buyer shall pay the Auctioneer a commission at the rate of
15% (which excludes VAT at the prevailing rate under The Margin Scheme and which is
not reclaimable) of the purchase price of any one lot. This equates to
a gross commission of 18.225%.
(b) The Auctioneer or its employees, servants or agents may, on request
organise packing and shipping of lots purchased or may order on the buyer's
behalf third parties to pack or ship purchases. Under no circumstances
does the Auctioneer accept any liability whatsoever for any loss or damage
howsoever occasioned in the course of such service.
(c) The buyer authorises the Auctioneer to use any photographs or illustrations
of any lot purchased for any or all purposes as the Auctioneer may require.
The placing of a bid will be taken as full agreement to all the above
conditions.
WHYTE & SONS AUCTIONEERS LIMITED 38 Molesworth Street, Dublin 2 |
