Terms and Conditions of Sale
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 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/Inscribed - In the opinion of tile 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. All cataloguing is purely a guide in the Auctioneer’s opinion, it is the sole responsibly of the prospective buyer to clarify in writing to the auctioneer on their opinion on the authorship, culture, source, origin, date, age or period in relation to any lot(s) pre-sale.
Sale Procedures
The purchasers to give their names, places of abode and any other contact details as may be required by the Auctioneer in order to register to bid at auction.
Subject to the sole discretion of the Auctioneer, the highest bidder to be the purchaser, and if any dispute arises between two or more bidders, the dispute may be settled by the Auctioneer, or the lot so in question may immediately be put up and resold.
No person shall advance less than 20% on the preceding bid. The Auctioneer reserving the right to control the bidding.
The Auctioneer does not guarantee the accuracy or correct description of any lot or the genuineness or authenticity of any such lot. The Auctioneer accepts no responsibility for any fault or defect in any lot and makes no other warrantee whatsoever.
Payment
Unless credit terms have been agreed with the Auctioneer before the auction the buyer of a Lot shall pay to the Auctioneer within 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.
Purchasers to pay 15% auction fees exclusive of Value Added Taxation (VAT). VAT will be charged on those fees at the standard rate (currently 23%).
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 successful bidders in cash, 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 and American Express with the addition of any cost for the use of such payment method. We also accept debit card payment, with no surcharge, however the cardholder in person can only make the payment.
N.B. An additional charge of 3% exclusive of VAT will be applied to all credit card payments.
Online bidders will be charged an additional 3% commission, payments can be made by credit or debit card subject to the above payment terms.
Collection of Purchases
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 in writing) 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 seven (7) 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.
If any deficiency shall arise in quantity or from any cause, the Auctioneer shall be unable to deliver any lot or portion of a lot, then, in such case, the purchaser shall accept compensation for the same to be made in proportion to the purchase money for the whole lot.
In the event that an electrical and or mechanical item is not in a safe working condition the purchaser may return it to the Auctioneer and obtain a refund of the purchase price no later than 12 noon on the Tuesday immediately following the day of sale, The Auctioneer accepts no liability for any damages, injury or other expenses incurred by such an item. If any fault in such an item is evident at the time of sale the purchaser shall accept all liability for the item.
Non-Payment or Failure to Collect Purchased Lots
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 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 (3% of the Total Hammer Price per day);
(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.
Packaging and Handling of Purchased Lots
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.
Illustration Charges
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. Illustrations for this sale are as follows: €40 full page, €20 half page, €10 quarter page, €5 all other sizes.
Charges for Withdrawn Lots
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
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 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 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 transit unless the Auctioneer is so instructed by the seller.
Artist's Resale Rights (Droit de Suite) Shipping
Government Regulations (S.1. 312/2006), under this legislation a royalty (Droit de Suite) is payable to living artists of E.U. Nationality on all works resold for €3,000 or more, other than sold by the artist or the artist's agent. The resale royalty payable to the artist, is the responsibility of the buyer and it 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. Unless otherwise directed by the vendor, the Auctioneer will automatically deduct the amount due from the proceeds of sale and will hold in trust for the artist or their representative the said sum.
Shipping
All shipping local and international should be completed with mailbox etc. Rathmines is our local branch:
Website: https://www.mbe.co.uk/irelanddublinrathmines
Phone: 01 496 8137
