Whyte & Sons Auctioneers Limited, trading as Whyte’s, exercises all
reasonable care to ensure that all descriptions are reliable and accurate,
and that each item is genuine unless the contrary is indicated. However,
the descriptions are not intended to be, are not and are not to be taken
to be, statements of fact or representations of fact in relation to the lot.
They are statements of the opinion of Whyte’s, and attention is
particularly drawn to clause 5 set out below. Comments and opinions,
which may be found in or on lots as labels, notes, lists, catalogue prices,
or any other means of expression, do not constitute part of lot
descriptions and are not to be taken as such unless they are made or
specifically verified by Whyte’s.
Clause 1
(a) Each lot is put up subject to any reserve price imposed by the vendor
(b) Subject to sub-clause (a) of this clause, the highest bidder for each
lot shall be the buyer thereof
(c) If any dispute arises as to the highest bidder the auctioneer shall have
absolute discretion to determine the dispute and may put up again and
re-sell the lot in respect of which the dispute arises
Clause 2
(a) The bidding and advances shall be regulated by and at the absolute
discretion of the auctioneer and he shall have the right to refuse any bid
or bids. NOTE: Where an agent bids, even on behalf of a disclosed client,
the auctioneer nevertheless has the right at his discretion to refuse any
such bid.
(b) The buyer of each lot shall immediately on its sale, if required by the
auctioneer, give him the name and address of the buyer and pay to
Whyte’s at his discretion the whole or part of the purchase money. If the
buyer of any lot fails to comply with any such requirement Whyte’s may
put up again and re-sell the lot; if upon such re-sale a lower price is
obtained than was obtained on the first sale the buyer in default on the
first sale shall make good the difference in price and expenses of re-sale
which shall become a debt due from him.
(c) Where an agent purchases on behalf of an undisclosed client such
agent shall be personally liable for payment of the purchase money to
Whyte’s and for safe delivery of the lot to the said client.
Clause 3
(a) Whyte’s reserves the rights to bid on behalf of clients including
vendors, but shall not be liable for errors or omissions in executing
instructions to bid.
(b) Whyte’s reserves the rights, before or during a sale, to group together
lots belonging to the same vendor, to split up and to withdraw any lot or
lots at Whyte’s absolute discretion and without giving any reason in any
case.
(c) Whyte’s acts as agent only, and therefore shall not be liable for any
default of the buyer or vendor.
Clause 4
(a) Each lot shall be at the buyer’s risk from the fall of the hammer and
shall be paid for in full before delivery and taken away at his expense
within one day of the sale. The buyer will be responsible for all removal,
storage and insurance charges in respect of any lot which has not been
collected within one day of the date of sale.
(b) If any buyer fails to pay in full for any lot within 7 days of the date of
sale such lot may at any time thereafter at Whyte’s discretion be put up
for sale by auction again or sold privately; if upon such re-sale a lower
price is obtained than was obtained on the first sale the buyer in default
on the first sale shall make good the difference in price and the expenses
of re-sale which shall become debt due from him.
(c) Interest at 2 per cent per month and legal costs (if any) for recovery
of monies due shall be payable by the buyer on any overdue account.
Clause 5
(a) All lots are made available for inspection before each sale and each
buyer, by making a bid, acknowledges that he has satisfied himself as to
the physical condition, age and catalogue description of each lot
(including but not restricted to whether the lot is damaged or has been
repaired or restored).
(b) All lots are sold with all faults and imperfections and errors of
description and Whyte’s and its employees, servants or agents shall not
be responsible for any error of description or for the condition or
authenticity of any lot, save for Clause 5 (c) below.
Written or verbal condition reports may be supplied by Whyte’s on
request but these are merely statements of opinion, and any error or
omission in these reports may not be taken as grounds for a cancellation
of sale or refund of any part of the purchase price or the cost of any
repairs to the lot or lots reported on
(c) If any lot sold at this auction is subsequently proved to be a
“deliberate forgery”, Whyte’s will cancel the sale and refund to the buyer
the total amount paid by the buyer for the item, in the currency of the
original sale. The onus of proving a lot to be a “deliberate forgery” is on
the buyer. For these purposes, “deliberate forgery” means a lot that in
Whyte’s reasonable opinion is an imitation created to deceive as to
authorship, where the correct description of such authorship is not
reflected by the description in the catalogue (taking into account any
Glossary of Terms). No lot shall be considered a deliberate forgery by
reason only of any damage and/or restoration and/or modification work
of any kind (including repainting or overpainting). This guarantee does
not apply if (i) either the catalogue description was in accordance with
the generally accepted opinions of scholars and experts at the date of
the sale, or the catalogue description indicated that there was a conflict
of such opinions; (ii) or the only method of establishing at the date of the
sale that the item was a counterfeit would have been by means of
processes not then generally available or accepted, unreasonably
expensive or impractical to use; or likely to have caused damage to the
lot or likely (in Whyte’s reasonable opinion) to have caused loss of value
to the lot; or (iii) there has been no material loss in value of the lot from its
value had it been in accordance with its description. This guarantee is
provided for a period of seven (7) years after the date of the relevant
auction, is solely for the benefit of the buyer and may not be transferred
to any third party. Whyte’s has discretion to extend the guarantee for a
longer period. To be able to claim under this Guarantee, the buyer must
(i) notify Whyte’s in writing within three (3) weeks of receiving any
information that causes the buyer to question the authenticity or
attribution of the item, specifying the lot number, date of the auction at
which it was purchased and the reasons why it is thought to be a
deliberate forgery; and (ii) return the item to Whyte’s in the same
condition as the date of the sale to the buyer and be able to transfer
good title in the item, free from the third party claims arising after the
date of the sale. Whyte’s has discretion to waive any of the above
requirements. Whyte’s may require the buyer to obtain at the buyer’s
cost the reports of two independent and recognised experts in the field,
mutually acceptable to Whyte’s and the buyer. Whyte’s shall not be
bound by any reports produced by the buyer, and reserves the right to
seek additional expert advice at its own expense. In the event Whyte’s
decides to rescind the sale under this Guarantee, it may refund the buyer
the reasonable costs of up to two mutually approved independent
expert reports.
(d) Any lot listed as a “mixed lot, collection, range, portfolio etc.” or
stated to comprise or contain a collection or range of items which are
not described shall be put up for sale not subject to rejection and shall
be taken by the buyer with all (if any) faults, lack of genuineness and
errors of description and numbers of items in the lot, and the buyer shall
have no right to reject the lot; except that, notwithstanding the
foregoing provisions of this sub-clause, where before a sale a person
intending to bid at the sale gives notice in writing to, and satisfies Whyte’s
that any such lot contains any item or items not described in the sale
catalogue and that person specifically describes that item or those items
in that notice, then that item or those items shall, as between Whyte’s
and that person, to be taken to form part of the description of the lot.
Clause 6
The respective rights and obligations of the parties shall be governed and
interpreted by Irish law, and the buyer hereby submits to the exclusive
jurisdiction of the Irish Courts.
SPECIAL CONDITIONS
(a) The buyer shall pay Whyte’s a commission at the rate of 25%
(including VAT under The Margin Scheme and which is not reclaimable).
(b) Whyte’s or its employees, servants or agents may, on request organise
packing and shipping of lots purchased or may order on the buyer’s
behalf third parties to pack or ship purchases. Under no circumstances
does Whyte’s accept any liability whatsoever for any loss or damage
howsoever occasioned in the course of such service.
(c) The buyer authorises Whyte’s to use any photographs or illustrations of
any lot purchased for any or all purposes as Whyte’s may require.
The placing of a bid will be taken as full agreement to all the above
conditions.
WHYTE & SONS AUCTIONEERS LIMITED
38 Molesworth Street,
Dublin 2
TERMS AND CONDITIONS OF SALE NOTICE
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