Terms & Conditions - de Veres

Terms & Conditions

For further information please contact +353 (0)1 6768300 / info@deveres.ie

 

1.   Definitions
in these conditions, de Veres Art Auctions, who act as auctioneers  and agents for the vendor, are
called ‘the auctioneers’ (which expression shall be deemed to include their servants and agents)
and the representative of de Veres conducting the auction is called ‘the Auctioneer’.

2.  third party Liability
every person at or on the ‘Auctioneers’ premises or at any premises being used by the Auctioneer at
any time shall be deemed to be there entirely at his/her own risk and shall have no claim
whatsoever against the Auctioneers or their servants or agents in respect of any accident or
incident which may occur nor any injury, damage or loss howsoever arising and whether or not same
is the subject of any allegation of negligence.

3.  General
whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the
description of any lot:
(a) each lot as set out in the catalogue or as divided or combined with any other lots or lots is
sold by the vendor with all faults, imperfections and errors of description.
(b)  Any claim under any Statute must be received in writing by the Auctioneers within three months
of the sale.
(c) the Auctioneers shall not be liable for consequential or resultant loss or damage whether
sustained by a Vendor or a purchaser or the owner of any item or their respective servants and
agents arising in any circumstances whatsoever and irrespective of any claim made by any party as
to negligence or lack of care of the Auctioneers or any part acting on their behalf.

4.  the Auction
(a) the Auctioneer has absolute discretion to divide any lot, to combine any two or more lots or to
withdraw any lot or lots from the sale, to refuse bids, regulate bidding or cancel the sale without
in any case giving any reason or previous notice. He may bid on behalf of the vendor for all goods
which are being offered subject to reserve or at the Auctioneer’s discretion.
(b) the highest bidder shall be the buyer except in the case of a dispute. if during the auction
the Auctioneer considers that a dispute had arisen. He has absolute discretion to settle it or to
re-offer the lot. the Auctioneer may at his sole discretion determine the advance or bidding or
refuse a bid.
(c) each lot is put up for sale subject to any reserve price placed by the vendor. whether or not
there is a reserve price the seller has the right to bid either personally or by any one person
(who may be the Auctioneer).
(d) All conditions, notices, descriptions, statements and other matters in the catalogue and
elsewhere concerning any lot are subject to any statements modifying or affecting the same made by
the Auctioneer from the rostrum prior to any bid being accepted for the lot.

5.  Recession
notwithstanding  any other terms of  these conditions,  if  within  12 months after the sale, the
Auctioneers have received from the buyer any notice in writing that in his view the lot is a
deliberate forgery and within twenty-one days after such notification  the buyer returns the same
to the Auctioneers in the same condition as at the time of sale and by producing evidence, the
burden of proof to be upon the buyer satisfies the Auctioneers that considered in the light of the
entry in the catalogue the lot is a deliberate forgery, then the sale of the lot will  be rescinded
and the purchase price of the sale refunded. in the event of a dispute then the matter shall be
settled by the president of the institution of chartered Surveyors in the Republic of ireland. Both
the buyer and the vendor agree to be bound by the decision .

6.  Default
the Auctioneers disclaim responsibility for default by - either the buyer or the vendor because
they act as Agents for the vendor only and therefore do not pay out to the vendor until payment is
received from the buyer. instructions given by telephone are accepted at the sender’s risk and must
be confirmed  in writing forthwith.

7.  in the event of a sale by private treaty both the vendor and the buyer agree to be found by
these and any Special conditions of Sale.
8.  Retention of title
All goods remain the property of the vendor until paid for in full. the Auctioneers will  not
assume liability to discharge nett proceeds arising from the sale of goods until those goods have
been paid for in full.

Vendor's Conditions.
9.  instructions
All goods delivered to the Auctioneers’ premises will  be deemed to be delivered for sale by
auction and will be catalogued and sold at the dis- cretion of the Auctioneer and accepted by them
subject to all the Sale conditions. By delivering the goods to the Auctioneers for inclusion in
their auction sales the vendor acknowledges that he or she has accepted and agreed to be bound by
all these conditions.

10. collection and Deliveries
the Auctioneers do not normally undertake the packing, collection or delivery of goods but will if
requested use their best endeavors as Agent of the owner to arrange for an independent contractor
on the owner’s behalf to deal with packing, collection and/or delivery. the Auctioneer will not in
any event arrange insurance of the goods and will accordingly not be liable for any loss or damage
to goods howsoever arising including breakages   or  for any  damage  to  premises,  fixtures  or 
fittings therein caused by such contractor or otherwise and the owner is responsive for all
arrangements to verify that any such contractor and the goods is/are appropriately insured. unless
instructions are received to the contrary, charges (including VAt) for such services will be
charged to the vendor’s account or discharged through the Auctioneers by the purchaser  as the case
may be. the Auctioneers’ liability (if any) will rise only where they themselves carry out packing
and collection/delivery and only in the case of breakage or loss caused through deliberate
negligence of their employees and in any event in one single contract and the Auctioneers’
liability will not exceed £500. provided further than the Auctioneers will not be liable for
consequential  loss in any circumstances whatsoever.

11. Loss or Damage and Storage
the Auctioneers reserve the right to store or arrange for the storage of goods held by them or
delivered to them either on their own premises or elsewhere at their sole discretion and entirely
at the owner’s risk. the Auctioneers shall not be liable for any loss (including consequential
loss) howsoever caused of damage to goods of any kind including breakages, or for unauthorised
removal of goods. Should the owner of goods so wish it will be his/her goods while they are in the
possession of the Auctioneers.

12. Right to Re-sell
the Auctioneer reserves the right to re-sell any item which has not been collected within thirty
days of purchase.

13. 3% commission due to saleroom.com for lots purchased using Live
Bidding.

14. payment: cash, bankers draft or cheque. with the exception of American express, credit cards
are also accepted, subject to a charge 0f 1.5% on the invoice total. Debit and Laser cards are also
accepted, at no charge, but are subject to daily limits as determined  by your bank.

Terms Vendors
1.  10%+ VAt is charged on all goods sold.
2.  de Veres Art Auctions do not charge a buying in fee where the reserve is agreed in advance.

purchaser
1.  19.5%+ VAt will be added to the hammer price for each lot.
2.   All accounts must be discharged by certified cheque, bank draft or cash.
3.  the responsibility for items purchased passes to the purchaser on the fall of the hammer.
4.  the Auctioneers reserve the right to look for 25% deposit on all goods.

Vat Regulations:
All  lots are sold within  the auctioneers 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 buyers.