Lot Number: Lowest
24
0300: A PAIR OF VICTORIAN CAST IRON TWO SEAT GARDEN BENCHES, of naturalistic branch form, with woodenEst. €1,500-€2,000Lot Passed
0301: A PAIR OF EARLY 20TH CENTURY CAST IRON GREEN PAINTED GARDEN BENCHES, the open gallery backs withEst. €2,000-€3,000Lot Passed
Sold
0302: A PAIR OF EARLY 20TH CENTURY GREEN GLAZED ANDUZ ORANGERY URNS. 79cm diameter, 80cm highEst. €800-€1,200
See Sold Price
0303: TWO 18TH CENTURY CARVED LIMESTONE DUCK TROUGHS. One 61 x 42 c 23cm high; the other 26 x 40 x 27cmEst. €800-€1,200Lot Passed
Sold
0304: A VICTORIAN BLACK PAINTED CAST IRON BOOTSCRAPER, in the form of a lyre, over shaped rectangularEst. €300-€500
See Sold Price
Sold
0305: A PAIR OF CAST IRON GATE PILLARS. 155cm high Provenance: Ballyfin HouseEst. €600-€1,000
See Sold Price
Sold
0306: A FINE PAIR OF VICTORIAN CAST IRON GARDEN BENCHES, attributed to Coalbrookdale, the pierced backsEst. €2,000-€3,000
See Sold Price
0307: A PAIR OF VICTORIAN CAST IRON URNS, the flared rims with egg and dart moulded banding above flutedEst. €1,500-€2,000Lot Passed
Sold
0308: AN EARLY 19TH CENTURY IRON STRAPWORK FOUR SEAT BENCH, of scroll form and supports. 183cm wideEst. €1,000-€1,500
See Sold Price
Sold
0309: A PAIR OF VICTORIAN CAST IRON TWO SEAT GARDEN CHAIRS, in the gothic taste with open tracery andEst. €4,000-€6,000
See Sold Price
Sold
0310: THREE WHITE PAINTED CAST IRON GARDEN URNS, each of campagna form with out turned egg and dart rimsEst. €1,500-€2,000
See Sold Price
Sold
0311: A PAIR OF 19TH CENTURY CAST IRON SIGNAL CANNONS, each on two wheel carriages. 155cm long, 69cm highEst. €2,000-€3,000
See Sold Price
Sold
0312: A COLLECTION OF CAST IRON CURVED BALCONY RAILINGS, 19th Century, possibly by Turner. approx. 185cmEst. €800-€1,200
See Sold Price
Sold
0313: A 19TH CENTURY CARVED PINE PEDESTAL, of demi-lune shape, with stop-fluting and classical swags, andEst. €1,000-€2,000
See Sold Price
Sold
0315: A FRENCH 19TH CENTURY CIRCULAR CENTRE TABLE, with glass top within a moulded rim raised onEst. €1,500-€2,500
See Sold Price
0316: A 19TH CENTURY CAST IRON COALBROOKE DALE STYLE TWO SEAT GARDEN BENCH, the naturalistic cast branchEst. €1,000-€1,500Lot Passed
Sold
0317: A PAIR OF VICTORIAN BLACK PAINTED CAST IRON GARDEN BENCHES, in Gothic style, the rectangular backEst. €1,000-€2,000
See Sold Price
0319: A PAIR OF COPPER ROOF VENTS/COWELS, by Pearson of Dublin. Each 118cm tallEst. €1,500-€2,000Lot Passed
Sold
0320: A SET OF FOUR BRONZE LANTERNS, of octagonal tapering design. Each 77cm high Provenance: FormerlyEst. €2,000-€3,000
See Sold Price
Sold
0321: A SET OF FIVE BRONZE LANTERNS, of octagonal tapering design. 77cm high Provenance: formerly hungEst. €2,500-€3,500
See Sold Price
Sold
0322: AFTER JEAN DIDIER DEBUT (1824 – 1893) A Bronze Figure of a standing male athlete, raised on aEst. €400-€600
See Sold Price
Auction Details
Bid Increments
PriceBid Increment
€0€5
€100€10
€200€20
€500€50
€1,000€100
€2,000€200
€5,000€500
€10,000€1,000
€20,000€2,000
€50,000€5,000
Preview
VIEWING AT TOWNLEY HALL, DROGHEDA, CO. LOUTH, A92 R6WE, IRELAND
OCTOBER 15TH - OCTOBER 17TH
Saturday 15th October 11.00am - 5.00pm
Sunday 16th October 11.00am - 5.00pm
Monday 17th October 11.00am - 5:00pm
26 St. Stephens Green
Dublin 2
Ireland, Dublin D02 X665
Ireland
Buyer's Premium
- 30%
Terms & Conditions
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 expressions shall have the
Admission to Auctions
5. The Auctioneer shall have the right exercisable in its absolute discretion
following meanings:
to refuse admission to its premises or attendance at its auctions by any
Auctioneer - James Adam and Sons trading as Adam?s.
person.
Auctioneer?s Commission - The commission payable to the Auctioneer by the
buyer and seller as specified in conditions 13 and 25.
Acceptance of Bids
Catalogue - Any advertisement, brochure, estimate, price or other publication.
Forgery - A Lot which was made with the intention of deceiving 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 substantially 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 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 com
pleted registration 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 Com
mission 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 Auc
tioneer 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.
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, servants or agents shall be responsible for any
neglect or default in executing bids or failing to execute 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, with
draw 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 howso
ever incurred or suffered by the person entitled to the benefit of the in
demnity 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 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 opin
ions. 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 con
venience 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 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 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 25% of
the Hammer Price, inclusive 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 whatev
er 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, 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
two days after the date of the auction but (unless credit terms have been agreed
with the Auctioneer pursuant to condition 14) not before payment
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 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 employ
ees, 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 deduc
tion 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 pay
ment 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 exercis
ing and relying on his own judgment, satisfied himself as to the physical condi
tion, 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 respon
sible 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 condition or war
ranty 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:
354
(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
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 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 photo
graphs 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 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 Cata
logue.
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 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
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 con
firmed 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 ?150 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 minimum commission hereunder shall
be ?50. The Auctioneer may in its sole discretion sell a Lot at a Hammer Price be
low 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 reserve. 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 con
cern 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 commission 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
discretion 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 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.
Illustration Charges:
27a. Catalogue illustrations are included at the discretion of the Auctioneer. Illus
tration 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 picture illustrations: ?25.00 per illustration. All lots illustrat
ed 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 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
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 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 pay
ments 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
Proceeds 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 rela
tion 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 Auction
eer 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 2 days after the auction. 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.
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 photo
graphs 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).
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.
VAT symbols, explanations and refunds
This guide outlines the Value Added Tax (VAT) treatment of lot(s) sold at auction
through Adam?s. It covers the most common types of transactions, although
other situations may arise. As every buyer?s situation is different, we cannot offer
specific tax advice. In all cases the relevant tax legislation takes precedence. You
are advised to, and are responsible for, obtaining independent tax advice where
necessary.
Depending on the status of the lot, and your status as a buyer, VAT may be
charged on the hammer price, the buyer?s premium or both. Any such taxes will
be identified at lot level, therefore it is important to familiarize yourself with the
key symbols below.
Most lot(s) are sold in accordance with the Irish Auctioneer?s Margin Scheme and
accordingly VAT will not normally be charged on the hammer price. Adam?s must
bear VAT on the Buyer?s Premium and hence will charge an amount in lieu of VAT
at the standard rate on these premiums i.e., the invoiced buyer?s premium of 25%
will therefore include the VAT. Said lots are identified with no symbol denoted
beside the lot number.
A limited range of goods, including most books, are subject to a 0% rate of VAT
and therefore no amount in lieu of VAT will be added to the Buyer?s Premium. ?
Where Lots have been imported from outside the European Union, and are under
a Temporary Admission Authorisation, they will be denoted by the symbol *
shown beside the lot number in the catalogue. They may be subject to additional
charges on the hammer price which should be the relevant prevailing rate in the
jurisdiction of import on the date of importation.
No symbol
This is an Irish Auctioneers Margin Scheme lot. 23% Irish VAT will be charged on
the?buyers? premium? only and invoiced on an inclusive basis.
Total payable 25%
? * ? Symbol
Lot imported under Temporary Admission. 13.5% Irish import VAT will be charged
on the ?hammer? price and 23% Irish VAT will be charged on the ?buyer?s premi
um? and invoiced on an inclusive basis under Irish Auctioneer?s Margin Scheme
rules.
Total payable 38.5% (See below for more information)
? 0 ? Symbol
VAT Zero-rated items (Ireland only) Total payable 20.325%
General
Exporting Lots from the European Union
Where a Lot is exported from the European Union in accordance with
the conditions detailed below the VAT may be cancelled or refunded by
Adam?s as follows:
1. Lots sold under the Auctioneers Margin Scheme ? the amount charged
in lieu of VAT on the buyer?s premium.
2. Lots under the Temporary Admission Authorisation - the amount
charged in lieu of VAT on the buyer?s premium PLUS the prevailing Irish
import VAT.
Original correct export document is required from the Irish Revenue
Commissioners showing that the lot has been exported from the Euro
pean Union.
A. Cancellation of VAT charges
Where a buyer instructs an Adam?s authorised carrier to facilitate the
transportation of the lot then a zero-rated invoice can be issued. The
proof of export in the form of an export declaration to the Irish Revenue
Commissioners will be facilitated by Adam?s customs agent.
B. Refund of VAT Charges
Where a buyer makes their own arrangements for transportation of the
lot(s), the buyer must pay for the lot(s) in full including all elements of the
Irish VAT.
ONLY upon receipt of satisfactory proof of export (i.e. a copy of the
export declaration to the Irish Revenue Commissioners showing that the
lot has been exported from the European Union) will Adams then refund
to the Buyer the amount of VAT initially paid.
1. VAT TO BE REFUNDED MUST BE ?50 OR MORE PER SHIPMENT
2. A PROCESSING FEE OF ?20 (PLUS ANY APPLICABLE VAT) WILL APPLY.
Adam?s, upon request and for an administrative fee, may apply for a
license to export your lot(s) outside of the EU.
Miscellaneous
1. Buyers from outside the European Union should note that upon import
ing lots to their final destination outside the European Union, local import
VAT, import duties, sales taxes and/or use taxes may be payable. Please
consult your local tax advisor.
2. If you purchase a lot which is under a Temporary Admission Authorisation
(indicated by a * symbol and intend to export it from the European Union
for repair, restoration or alteration, please contact Adams before collection.
Failure to do so may result in the import VAT becoming payable immediately
and Adam?s being unable to refund the VAT charged on deposit.
3. If you collect the Lot from Adams in Ireland with a view to ?hand-carrying?
it back to its final destination, you must pay the Irish VAT in full. Adams
cannot cancel or refund the Irish tax in these circumstances.
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 all works
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 information necessary to secure
payment. Unless otherwise directed by the vendor, the Auctioneer will auto
matically deduct the amount due from the proceeds of sale and will hold in
trust for the artist or their representative the said sum.
Additional Information
Important Information for potential purchaser Important Information for Purchasers: Thank you for browsing our catalogue. Please be aware of the following notices in relation to this sale before you register to bid. Imperfections are not stated in our lot descriptions. Buyers premium is 20.325% excl. VAT (Value Added Tax 23%). LiveAuctioneers bid premium is an additional 5%. Adam's outsource all shipping reqests. Estimates given by Adam's for shipping are given on an adhoc basis and are provided as a best estimate as to cost. As we do not have a shipping department, formal quotations will be made available by a recommended carrier upon purchase. Payment Collection: We do not have a paypal account, however we do accept all major credit cards subject to an administration charge as detailed in our conditions of sale. Our bank details are available upon request for those clients who wish to pay direct into our bank account. Purchased lots will not be released to ship until all proceeds due have been paid and cleared in advance. Condition Reports: Adam's are happy to provide condition reports when requested to do so. We try and reply within 24 hours of your request. Adams specialists are not trained conservators. Whilst we make certain observations on the work, which are intended to be as helpful as possible, we recommend that you consult a professional restorer for a comprehensive condition report. This report is given in accordance with our conditions of business as stated in the auction catalogue. The report is an expression of opinion only and must not be treated as a statement of fact.
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