CONDITIONS OF SALE
Buyers and Sellers are requested to read carefully the explanation of Cataloguing practice and the conditions set out below which contain the terms on which Marshs Auctioneers & Valuers Ltd. (hereafter referred to the Auctioneers) conduct sales and other related matters.
1. The highest bidder to be the purchaser, if any dispute arises between the two or more Bidders, the lot in dispute may, at the Auctioneer’s decision, be immediately put up again, and resold. The Auctioneer’s decision to be final.
2. The Auctioneers have the right to refuse any bid, and advance the bidding at their absolute discretion and shall have the right to bid on behalf of the Vendor for any lot on which a reserve has been placed.
3. Auctioneers have the right to withdraw, or divide any lot, or to combine any two or more lots at their sole discretion, without notice.
4. The successful purchaser shall give his name, and permanent address, and pay down a deposit of 25 cent on the euro, or more, in part payment down if required, in default of which the lot or lots so purchased to be immediately put up again and resold.
5. To prevent inaccuracy in delivery and inconvenience in the settlement of the purchases, no lot can be transferred nor can any lot be removed during the time of sale, or before full settlement.
6. The purchaser to pay the Auctioneers a premium of 10% Auction fees, plus VAT of the hammer price, payment to be made by either cash, cheque, bank draft or electronic funds transfer vouched to the satisfaction of the Auctioneers. EACH LOT SHALL FROM THE FALL OF THE HAMMER, BE THE SOLE RISK OF THE PURCHASER, and must be cleared and taken away without fail at the purchaser’s risk in all respects
7. The purchaser shall remove the lot or lots at this own risk and expense, within 4 days of the sale. After which the Auctioneer shall be entitled to remove the lot, or parts thereof for storage at the risk of the purchaser, and while taking every reasonable precaution shall not be responsible for any damage which may be caused to the lot, or parts thereof by such removal and storage and reserves the right to resell by auction or private sale such unredeemed lots without notification to the defaulter.
8. All lots to be sold as shown with all faults, imperfections and errors of description. The Auctioneers not being responsible for the correct description, genuineness or authenticity of, or any fault or defect in any lot, and making no warranty whatever, the purchasers being held to have satisfied themselves as to the condition, quality and description of lots before bidding. Any handling or packing of the purchased lots by the Auctioneers’ staff is undertaken solely as a service to buyers and will only be undertaken at the Auctioneer’s discretion and at the buyer’s risk. The Auctioneers shall not be liable for any errors or omissions or damage caused by carriers, packers or shippers that the Auctioneers have recommended to the buyer. A Purchased lot shall be at the Buyer’s risk in all respects from the time of collection or the expiry of 4 days from the date of the sale (whichever is the sooner) and neither the Auctioneers nor the Employees nor agent shall hereafter be liable for any loss or damage of any kind whether caused by negligence or otherwise, while any lot is in or under their respective custody or control.
9. The Auctioneers are prepared to accept bids on behalf of proposing purchasers who are unable to attend a sale provided such commissions are given in writing prior to the auction, when they will be carried out free of charge. In the event that the Auctioneers’ have received commission bids in a lot for identical amounts and at auction those commission bids are the highest bids for that lot, the lot shall be knocked down to the person whose commission bid (for the relevant amount) was received first
10. In so much as Marshs Auctioneers act only as agents, they shall not be considered responsible for any default on the part of the Purchaser or the Vendor.
11. All Lots to be paid for in full and collected by 5pm within 4 days of the sale by arrangement with the Auctioneers.
12. Any illustrations in the catalogue are solely for the guidance of prospective buyers and are not to be relied upon in terms of tone or colour or necessarily to reveal imperfections in any lot. In addition many lots are of an age or nature which precludes their being in pristine condition and some descriptions in the catalogue may reference to damage and or restoration. Such information is given for guidance only and the absence of such reference does not imply that a lot is free from defects nor does any reference to particular defects imply the absence of others . Buyers must satisfy themselves as to all maters referred to in the above by inspection or otherwise prior to the date of the auction
13. Mechanical and Electrical items are sold as antiques for decorative purposes only. Buyers should have these items checked by a qualified expert. The auctioneers offer no after-sale guarantee whatsoever and accept no liability for any damage arising from the use of the aforementioned items.
14. Buyers attending the sale must register for a bidding number.
15. Buyers who pay for items over €500 in cash will be required to fill out the PSRA's Cash Origin Form.
16. All buyers will be required to provide proof of identification. Please note that we are required under Anti-Money Laundering legislation to take a copy of identification. This will be stored securely in line with GDPR regulations.
17. All members of the public who enter our premises do so at their own risk. No liability will be accepted by the vendors or the Auctioneers for personal injuries of any description and from whatever cause arising sustained by any person whilst on the property of the Auctioneers and or Vendors for the purpose of inspection or during the sale or whilst removing any lots in or on the will not be responsible for any loss or damage incurred to vehicles whilst parked in the vicinity of our premises or the vendor’s premises.
18. Online bidding service via easyliveauction.com for bidders who cannot attend sale. Please note any lots purchased via easyliveauction.com will be subject to additional 3% commission plus VAT or no commission if the 'Flat Fee' has been chosen at registration.
19. All lots are sold under the Auctioneers Margin Scheme, VAT is not shown separately and cannot be claimed.
General Conditions.
1. “The Auctioneers” Marshs Auctioneers & Valuers Ltd. As agent for the Seller are not responsible for any default by the Seller or the Buyer.
2. The Auctioneers shall have the right as its absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
3. The Auctioneers shall have the right at its absolute discretion to refuse any bid, to advance the biddings as it may decide, to withdraw or divide any lot to combine any two or more lots and in the case of dispute to put up any Lot for auction again.
4. (a) Any indemnity hereunder shall extend all action, proceedings, costs, claims and demands whatsoever incurred or suffered by the person for whose benefit the indemnity is given.
(b) The Auctioneers shall hold any indemnity on trust for its employees and agents where it is expressed to be for their benefit.
5. Any notice given hereunder shall be in writing and if given by post shall be deemed to have
been duly received by the addressee in the ordinary course of post.
6. These conditions of sale shall be governed by and construed in accordance with Irish Law
and all parties concerned hereby submit to the non- exclusive jurisdiction of the Irish
Courts.
E.& O.E.
