CONDITIONS OF BUSINESS

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Buyers Conditions
Conditions of Sale

BUYERS CONDITIONS
The conditions set out below are the terms on which we contract, as Auctioneers, with sellers and as agents acting on behalf of sellers, with buyers. Buyers and sellers should read the conditions carefully, together with the explanation of cataloguing practice set out above. Buyer's attention is drawn in particular to clause no.9 of the general conditions of sale, which limits our liability.

IMPORTANT NOTICE REGARDING EUROPEAN COMMUNITIES (ARTISTS RESALE RIGHT) REGULATIONS 2006. Under the legislation enacted by the Government in June 2006, a royalty is payable to living artists of European Union nationality on all individual works sold for €3000 or more by persons or entities other than the artist or the artists agent. This royalty will be charged to purchasers on any lot marked + in the catalogue or on any applicable work of art by any living artists in this auction which sells for €3000 or more. The applicable rate of 4% of the sale price applies to any work of art realizing from €3000 to €50,000.

1. Inspection: Ample opportunity is given for inspection and each purchaser by making a bid for a lot acknowledges that be has 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. Goods auctioned are usually of some age. All goods are sold with all faults and imperfections and errors of description. Illustrations in catalogues are for identification only. Accordingly, as regards any lot in which you are interested, you undertake:
1. To inspect and satisfy yourself prior to the sale as to the condition and description of the lot;
2. To rely on your own judgment as to whether the lot accords with its description
3. To seek any independent expert advice reasonable (in light of your particular expertise and the value of the lot) to satisfy yourself as to the authorship, attribution, authenticity, genuineness, origin, date, age, provenance, description or condition of the lot;
4. Not to rely on any illustration in any catalogue, video, or on this site, and
5. To make yourself aware of any revised opinions, sale notices and announcements relating to the lot.

2. Property and Risk: The property in a lot shall not pass to the buyer until he has paid the purchase price in full but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address and if called upon to do so by the Auctioneer, shall forthwith pay to the Auctioneer such proportion of the purchase price as the Auctioneer may require. If the purchaser fails to do so, the lot may at the Auctioneers sole discretion be put up again and resold.

3. Removal of Goods:
a) No purchase shall be claimed or removed until the sale has been concluded. All lots shall be paid for and removed at the buyers risk and expense by either the end of the sale, or allotted time frame announced. Failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed. All lots not so removed shall remain at the risk of the buyer and will be held in storage by the auctioneers until such time that full payment has been secured or any disputes have been resolved. Such lots will be subject to a minimum charge of €10 per day per lot. These charges shall also apply in the event of any dispute where the auctioneer deems it necessary to hold the goods in storage. If all lots purchased are not paid for and removed within one day of the sale the Auctioneer may (A) resell them by Auction or privately without notice to the buyer or (B) hold the goods in storage at the aforementioned rates. 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 purchaser of the lot.
b) If any buyer fails to comply with any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from resale of the lot, together with the 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.

4. If within 7 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 Auctioneers of such an allegation, then the sale of that item will be rescinded and the net Purchase moneys refunded (less any outlays incurred by the Auctioneers) to the purchaser.
An item shall be considered counterfeit where, in our reasonable opinion, it is a deliberate modern forgery, i.e. an imitation created since 1980 with the intention of deceiving as to the authorship, origin, date, age, period, culture or source (where the correct description of such matters is not reflected by the description in the catalogue or on the sale room notices or announced at the time of the sale) and which, at the date of sale. had a value materially less than it would have been in accordance with the description in the catalogue. No lot shall be considered a counterfeit by reason only of any damage and/ or restoration and/ or modification work of any kind (including repainting or over painting).

5. In the event of any dispute arising in relation to any foregoing or any other dispute relating to this sale, the matter shall be decided by the Auctioneer at his discretion, his decision shall be final and the participants in the dispute agree to be bound by same decision.

6. The Auctioneers may at their option sell at a "hammer price" below the reserve but in any such case the sale proceeds to which the seller is entitled shall be the same as they would have been had the sale been at the reserve.

6a. Vendors agree that the auctioneers may deduct the agreed commission from the hammer price of lots which are sold and to charge the purchaser commission an additional premium in addition to the hammer price. All vendors agree to pay any additional cost or charges associated with their lots, incl.but not limited to, theft insurance, haulage and storage, colour/black and white photography, and that these charges are to be deducted from any sale proceeds in the instance of sold lots or invoiced seperately in the instance of unsold lots at each auction. Vendors of unsold lots who do not forward payment for invoiced charges associated with lots which they have entered for auction within seven days of recieving this invoice authorise the auctioneer to add such charges to their account and further to deduct these charges from any future sales.

7. The title of any article or articles purchased will not pass until the Auctioneer receive full payment for same.

8. Any person purchasing an item or items, whether on behalf of a client or not, is responsible for payment of that item or items.

9. Under no circumstances can the Auctioneers accept third party cheques either in full or part payment of any lot. Please refer to "Payment and collection of purchases" for acceptable methods of payment.

10. By participating in this sale, all buyers and bidders agree to abide and to be legally bound by the terms of the conditions of business and sale information which appear in the catalogue for sale.

11. All commission and telephone bids are only accepted at the senders risk. The auctioneers can accept no liability arising for errors associated with remote bids and bidders are urged to attend the auction and bid in person. We will 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 the other bids and reserves. All bids must be submitted to the Auctioneer by 4:30p.m. on the day preceding the auction, and should be entered on the forms provided. All commission and telephone bids are accepted only on the condition that they are at the senders risk and are confirmed in writing. Bank references are essential. With regard to this service the Auctioneers accept no responsibility for items not viewed, whether or not a condition report has been given or not. Intending buyers should note that "live" telephone bids are normally limited to items with a lowest estimate in excess of €1000 (one thousand Euro), are subject to telephone lines being available on the day of sale, also that they are only accepted on the basis that they are at the senders risk since unforeseen errors can occur. Please refer to clause no.12 of the general conditions of sale.



GENERAL CONDITIONS OF SALE

 

1. 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.

 

2. In the case of lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.

 

3. All bidders and all purchasers to give their names and places of abode.

 

4. The lots to be paid for and taken away, whether genuine and authentic or not, with all faults and errors of description at the buyers expense and risk, within two days of close of sale; Auctioneer not being responsible for the correct description, genuineness or authenticity of or any default or defect in any lot, and making no warranty whatever.

 

5. To prevent inaccuracy in the delivery and inconvenience in the settlement of the purchase, no lot can on any account be removed during the time of sale, or until it has been paid for in full and the funds cleared by our bank. Where a part payment has been made, the remainder of the purchase money must be paid absolutely on collection of the item or on delivery within Ireland.

 

6. Upon failure of complying with the above conditions, the money deposited in part payment shall be forfeited. All lots not cleared within the time frame aforesaid shall be resold by public or private sale, and the deficiency (if any) attending such resale, shall be made good by the defaulter at this sale.

 

7. Payment by cash or guaranteed cheque (as listed under sale information).

 

8. Purchasers to pay 17.5% auction commission plus 21% vat on this commission

 

9. The Auctioneer acts only as an agent between the vendor and the purchaser, both accept that he/she has no direct legal responsibility with regard to any dispute involving any lot in this sale. We have an obligation to refund the buyer in the circumstances set out in clause 4 of Buyers conditions of sale. However, neither the seller nor we, nor any of our employees or agents, are responsible for the correctness of any statement as to the authorship, origin, date, age, attribution, genuineness or provenance of any lot nor for any faults or defects in any lot. Neither the seller, ourselves, our employees or agents, give any guarantee in respect of any lot. Any warranty of any kind whatsoever is excluded by this cause.

 

10. The copyright in all images, illustrations and written material relating to a lot is and shall remain at all times our property and shall not be used by the buyer nor anyone else without our prior written consent.

 

11. If any part of these Conditions of Business is found by any court to be invalid, illegal or unenforceable, that part may be discounted and the rest of the conditions shall continue to be valid and enforceable to the fullest extent permitted by Irish law.

 

12. All commission bids and/or telephone bids are accepted only at the senders risk. The auctioneers can not accept any liability for any errors resulting from commission and/ or telephone bids and all such bidders hereby agree that by using this service theyhereby agree not to hold the auctioneers nor their servants nor employees liable for any loss and/or unforseen error resulting from the execution of nor resulting from anything relating to either commission and/or telephone bids left with the auctioneers prior to or at an auction.

 

13. These Conditions of Business are subject to Irish law, which shall apply to their construction as well as to their effect. For our benefit, the seller and the buyer submit to the exclusive jurisdiction of the Irish courts.

 

14. All persons acknowledge, that prior to participating in any way at this auction they have read and fully agree to be bound by all the conditions under which this auction is held and that they agree that "Loughlin Bowe" will not be liable for any damages of any kind arising from this auction, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

15. The Auctioneer may refuse to process a transaction for any reason or refuse service to anyone at anytime in its sole discretion.

 

16. Buyers are fully responsible for lots they purchase from the fall of the hammer however no buyer will consider themselves to fully be the new owner of an item they have purchased until they have confirmed that the item has been paid for in full and received a receipt of payment from us.

 

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CONDITIONS OF SALE

  1. "Loughlin Bowe" will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages
  2. The site provider may refuse to process a transaction for any reason or refuse service to anyone at anytime in its sole discretion.
  3. No buyer will consider themselves the new owner of an item until they have had confirmation from us that the item has been shipped to them.

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