Whytes Rock, Pop & Moves 28 March 2015

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

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.

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.

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.

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

“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.

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