General Terms and Conditions of Sale
Method of Payment
Payment must be either by cash, bank draft or cheque vouched to the satisfaction of the Auctioneers and the Auctioneer shall require valid identification such as passport or driving licence.
Definitions
“Auctioneer” - Raymond Millar & Co. Ltd.
“V.A.T.”– Valued Added Tax.
“Hammer Price” – The price at which a Lot is knocked down by the Auctioneer to the Buyer.
“Sale Order Form” – The Sale Order Form to be completed by each seller prior to Auction.
“Lot” - Any item put forward at Auction with a view to sale described in the Catalogue and allocated a Lot Number.
“Commission” – The Commission payable to the Auctioneer by the buyer and seller as specified under the General Conditions.
“Amount Due” - The is the Hammer Price of the Lot sold plus Auctioneers Commission due, V.A.T. and any additional expenses incurred.
Explanations of Cataloguing
Terms used in this Catalogue have the meanings ascribed below:
All measurements are given height before width.
“Manner of”
In the opinion of the Auctioneer a work executed in the artist’s style but of a later date
“Bears Date”
Is so dated and in our opinion may have been executed at about that date.
“Dated”
Is so dated and in our opinion was executed at about that date
“Follower of”
In the opinion of the Auctioneer a work executed in the Artist’s style, yet not necessarily by a pupil.
“Circle of”
In the opinion of the Auctioneer a work of the period of the Artist and showing his influence
“Attributed To”
In the opinion of the Auctioneer probably a 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 – Stamped
Has a signature or stamp, which in our opinion is the signature or stamp of the Artist or Craftsman.
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.
General Conditions
1. Governing Law
These conditions shall be governed in accordance with Irish Law.
2. Acceptance of Bids
The Auctioneer shall have the absolute discretion to refuse a bid, advance the bidding in any manner it may decide, withdraw, divide, combine any number of Lots and in the case of a dispute to put any Lot up for Auction again.
3. Commission
The buyer shall pay the Auctioneer a commission at a rate of 15% exclusive of V.A.T.
4. Admission to Auction
The Auctioneer reserves the right and absolute discretion to refuse admission to any person to it’s premises.
5. The Buyer
The buyer shall be deemed as the highest bidder at the Hammer Price accepted by the Auctioneer. Any dispute which may arise during the bidding process shall be settled at the sole discretion of the Auctioneer and if deemed necessary shall be immediately put up and resold.
6. Bidding
The Auctioneer reserves the right to control the bidding and no person shall advance less than 10% of the preceding bid.
7. Registration
Intending bidders are requested to register at the Registration Desk and be allocated a Bidding Paddle prior to the commencement of the Auction.
8. Collection of Purchases
The buyer at his own expense shall collect the Lot purchased within three days following the Auction date and shall be responsible for any removal or storage charges incurred.
If a buyer fails to collect a Lot with three days of the Auction, the Auctioneer reserves the right to charge a daily storage charge of €20.00 per day per item thereafter and if not collected within fourteen days following the Auction shall put up the Lot item for resale in the following Auction and deduct all charges and costs incurred.
9. Disclaimer
Raymond Millar & Co. Ltd., are not responsible for correct descriptions, genuineness, authenticity, default or defect in any Lot and make no warranty whatsoever.
10. Auctioneers Right to Photographs and/or Illustrations
The seller authorises the Auctioneer to photograph and illustrate any Lot placed with it for sale and further authorises the Auctioneer to use such photographs 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).
11. Failure to Comply
Upon failure to comply with any of the conditions of sale the defaulter shall pay any losses arising on any resale of the Lot together with the charges and expenses incurred in respect of both sales.
Sellers -Vendors Conditions
Raymond Millar & Co Ltd otherwise known as Millars have sole discretion to determine the description of all lots in their catalogue together with the date and location of sale of any lot.
Goods delivered to Millars shall be deemed to be goods delivered for sale unless specifically stated in writing and they shall be catalogued and sold forthwith but are subject to all sale conditions listed below.
By delivering goods to Millars, vendors accept these conditions and agree to be bound by them and they also agree that the goods are all unencumbered and that the vendor has full title to said goods.
1. Commissions and Charges
The vendor shall pay Raymond Millar & Co Ltd commission of 20% including V.A.T. on all lots sold.
The vendor shall pay at time of delivery of a lot for auction, a payment (to be agreed) per lot - non refundable to cover our expenses and costs including advertising.
In the event of the item selling at auction we hereby confirm that this amount shallbe credited against the commission but will form a minimum charge per lot in any event.
2. Collection & Delivery
It is at the vendors expense to deliver the items for sale and also to collect and return should they not be sold. All unsold items must be removed from the auction rooms
within 3 days of the auction and will incur a storage charge of €5.00 per lot per day thereafter.
3. Charges on withdrawn lots
Once a lot is delivered and accepted for auction it is deemed for sale and should it be later withdrawn prior to the auction – Millars will charge a charge of 10% inclusive
of V.A.T of the auctioneers middle estimate of the lot withdrawn.
4. Reserves
We would normally agree reserves and estimates with the vendor in advance of the submission of a lot for sale.
A full description of the item or lot together with reserve and estimates should also be inserted by the vendor on the space provided on this document
5. Payments to Vendor following sale at auction
Raymond Millar & Co Ltd " the auctioneer" shall remit the sale proceeds less all commission and charges within 14 working days following the date of auction.
However should the purchaser not have paid the full amount due then the auctioneer shall pay the proceeds of the sale within 7 days after the date in which the purchaser
has paid in full.
6. General
Goods are sold as seen and the auctioneer accepts no liability whatsoever for loss of or damage to any item received. Vendors are reminded that each lot submitted is legally in the ownership of the vendor until it is sold at auction and full payment has been made by the purchaser and therefore the vendor should maintain all risks insurance on the lot until the sale is fully completed.