Buyers and Sellers are asked to carefully read the explanation of Cataloguing Practice and the Conditions set out below which contain the terms on which Sean Eacrett Auctions (hereafter may be referred to as the Auctioneer) conduct sales and handle other related matters.
By participating in a sale, all buyers and bidders agree to be bound by the terms and conditions of business her-under.
Headings – 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 – These conditions shall be governed by and construed in accordance with Irish Law.
Indemnities – 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.
Arbitration – In the event of any dispute arising in relation to any of these Terms & Conditions, the matter shall be referred to an Independent Arbitrator to be agreed between the parties.
Admission to Auctions – 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.
GENERAL CONDITIONS FOR SALE
The highest bidder to be the buyer, and if any dispute arises between two or more bidders, the lot in dispute shall immediately be put up again and resold.
In the case of lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.
The Buyers to give their names and addresses.
Purchasers to pay 23% (inclusive of VAT) Auction Fees.
Acceptance of Bids – 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.
Representations in Catalogues – Representations or statements made by the Auctioneer 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 judgement and opinion as to such matters. Please also refer to Important Notes and Cataloguing Practice and Catalogue Explanations.
Prior to auction, there is plenty of opportunity given for inspection and each buyer, by making a bid for a lot, accepts that they have satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired. 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 condition or warranty express, or implied by statute or otherwise is hereby specifically excluded.
- PROPERTY AND RISK
The buyer of a Lot shall pay to the Auctioneer the total amount due before the lot passes to the Buyer but each lot is at the sole risk of the Buyer from the fall of the hammer.
The Auctioneer shall only accept payment from successful bidders in cash and Euro bank draft. We also accept payment by credit card, Visa & MasterCard subject to an administration charge of 3% of the total amount due (This includes VISA & MASTERCARD DEBIT CARDS & BUSINESS DEBIT CARDS) We also accept other debit card payments by way of Laser or personal debit cards with no surcharge, however the cardholder in person can only make the payment.
- RESERVATION OF TITLE
Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the buyer until they have paid to the Auctioneer the Total Amount Due.
- COLLECTION OF PURCHASES
No purchase shall be claimed or removed until the Sale has finished. (Smaller items can be collected while the sale is ongoing, if possible, check with office). All lots shall be paid for and removed at the buyers own risk and expense at the end of the Sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at risk of the buyer and subject to the minimum storage charges outlined below. If they are not paid for and removed within thirty days of the sale, the Auctioneer may re-sell them by Auction or privately without notice to the buyer. Any liability, which there may be on the part of the Auctioneer, in respect of any loss, shall be restricted to a maximum of the price paid by the Buyer of the lot.
- STORAGE CHARGES
There will be no charge to Buyers who collect their lot(s) on or before the Friday immediately following the Sale.
Please note that on the Saturday following the sale, an administration charge of €10.00 per lot will be payable and a storage charge of €2.00 per lot per day will then come into effect. These charges are payable by the purchaser to the Auctioneer and are subject to V.A.T. Though, with regard to House Clearance Sales, a minimum charge of €20 will be charged per lot for items not collected before 4:00 pm the following day. This will include removal to our premises at Ballybrittas, Co. Laois. Then €2 per lot per day will apply for storage (but does not include insurance).
If the buyer fails to fulfil any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the warehousing charges and expenses in respect of both sales and any money deposited in part payment shall be held by the Auctioneer against the defaulters liability and may be appropriated in settlement of the liability.
If within 30 days after the Sale of any item, the Auctioneer receives a notice in writing from the Buyers by Registered Post that such an item is a deliberate forgery, together with the necessary evidence to satisfy the Auctioneer of such an allegation, then the Sale of that item will be rescinded and the net Purchase monies refunded (less any outlays incurred by the Auctioneer) to the Purchaser.
The Auctioneer may, at their choice sell at 10% below the reserve and the Sale to which the Seller is entitled shall reflect this.
Any person purchasing an item or items, whether on behalf of a client or not, is responsible for payment of that item or items.
All lots are sold within the Auctioneer’s VAT margin scheme. Revenue Regulations require that the buyer’s premium must be invoiced at a rate which is inclusive of VAT. This VAT is not recoverable by any VAT registered buyer.
From time to time Video Equipment may be used to display items for Sale at Auction. This service is merely a reminder to the Customer of items viewed previously during View Days. We do not guarantee the quality of the item viewed the accuracy of the Video image or guarantee the item on display is the item being sold. Disputes arising as a result of Video display will not be entertained.
- SPECIAL NOTE REGARDING FIREARMS
A specific Permit or Licence must be produced relating to the firearm purchased, before the purchase can be removed from our premises. Contact your local Garda Station for information.
- LIMIT OF LIABILITY
Please note the Auctioneer offer no After Sale Guarantee whatsoever. We accept no subsequent liability for any damage, loss or injury arising from the use of any item bought at auction especially arising from the use of mechanical and electrical items, or firearms.
Prospective buyers are advised to attend at the auction. The Auctioneer will, however be pleased to execute bids on behalf of intending buyers and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted by 4.30 p.m. on the day previous to the Auction, and should be entered on the forms provided. Bids left by telephone will be accepted only on the condition that they are at the senders risk and must in any case be confirmed in writing. Bank References may be asked for if you are not known to the auction rooms. Feel free to telephone for further information – +353 (0)57 8626290
With regard to this Service – The Auctioneer accepts no responsibility for items not viewed, whether condition report has been given or not. Please note that the description and Estimate may be subject to amendment prior to sale.
* Intending buyers should note ‘live’ telephone bids are limited to items with estimates in excess of €100 (One Hundred Euro). Telephone bids are offered on a first come first served basis as the number of Auction room telephone lines are limited.
CATALOGUING PRACTICE & CATALOGUE EXPLANATIONS
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 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 Auctioneer the work has been signed/dated/inscribed by the artist.
- ‘Attributed to’ – In the opinion of the Auctioneer probably a work of the artist.
- ‘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.
The Auctioneer (Sean Eacrett Auctions) at times offer an online bidding service for bidders who cannot attend the sale.
In completing the bidder registration on EASYLIVEAUCTION.COM, providing your credit card details and unless alternative arrangements are agreed with Sean Eacrett Auctions you – authorise Sean Eacrett Auctions, if they so wish, to charge the credit card given in part or full payment, including all fees, for items successfully purchased in the auction via easyliveauction.com, and confirm that you are authorised to provide these credit card details to Sean Eacrett Auctions through easyliveauction.com and agree that Sean Eacrett Auctions are entitled to ship the goods to the card holder name and card holder address provided in fulfillment of the sale.
Please note that any lots purchased via EASYLIVEAUCTION.COM live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price, unless you opt to pay a once-off fee of £3 to EASYLIVEAUCTION.COM.
ARTISTS RESALE RIGHTS FEE
Certain works by living artists who are citizens of the EU, is subject to a further fee to cover Artists Resale Rights which is charged at the following rates: €3000- €50,000, 4%; €50,000.01- €200,000, 3%; €200,000.01- €350,000, 1%; €350,000.01- €500,000, 0.5%; exceeding €500,000, 0.25% to a maximum charge of €12,500; there is no ARR charge for works sold at less than €3,000.