The following Terms and Conditions Override Our Standard Terms.
The auctioneers accept no responsibility for any packaging carried out by any member of their staff or on their premises by a third party. Appropriate insurance is recommended to be taken out by the purchaser, the auctioneer accepts no liability for any damages caused during the postal/delivery process.
We also do not guarantee any mechanical or electrical item and recommend that the purchaser gets a professional to examine the item before use in their house.
Condition reports can also be facilitated as we cannot put every imperfection on the description.
TERMS AND CONDITIONS OF BUSINESS
Buyers and Sellers are asked to carefully read conditions set out below which contain the terms on which Reilly Antiques (Prosperous) Ltd (hereafter may be referred to as the Auctioneers) conduct sales and handle other related matters.
BUYERS CONDITIONS
1. INSPECTION:
Prior to auction, there is plenty of opportunity given for inspection and each buyer, by making a bid for a lot, accepts that he has satisfied himself fully before bidding by inspection or otherwise as to all the Sale Conditions, the physical condition of and description of the lot including but not restricted to whether the lot is damaged or has been repaired. No warranty whatsoever is given by the seller or Auctioneer or by any of their employees, servants or agents in respect of any Lot and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded.
2. PROPERTY AND RISK:
The buyer of a Lot shall pay to the Auctioneer the total amount due before the lot passes to the Buyer but each lot is at the sole risk of the Buyer from the fall of the hammer.
3. PAYMENT:
The Auctioneer shall only accept payment from successful bidders by bank transfer, debit/credit card* or by cheque* supported by a valid guarantee card or bankers reference. Third party cheques will not be accepted in payment. All purchases must be paid in full before any lot is removed from the premises. Debit card & credit card payments are currently free of charge. No goods will be released to the buyer unknown to the Auctioneer without adequate reference or before their funds have cleared. Cash payments over €500 will require completion of a Cash Origin form, as per PSRA code of practice.
4. RESERVATION OF TITLE:
Notwithstanding delivery or passing of risk to the buyer the ownership of a Lot shall not pass to the buyer until he has paid to the Auctioneer the Total Amount Due.
5. COLLECTION OF PURCHASES:
No purchase shall be claimed or removed until the Sale has finished. (Smaller items can be collected while the sale is ongoing, with prior arrangement, check with office) All lots shall be paid for and removed at the buyers own risk and expense at the end of the Sale, failing which the Auctioneer shall not be responsible if the same are lost, stolen, damaged or destroyed, and all lots not so removed shall remain at risk of the buyer and subject to the minimum storage charges outlined below. If they are not paid for and removed within seven days of the sale, the Auctioneer may re-sell them by Auction or privately without notice to the buyer. Any liability, which there may be on the part of the Auctioneer, in respect of any loss, shall be restricted to a maximum of the price paid by the Buyer of the lot.
6. STORAGE CHARGES:
There will be no charge to Buyers who collect their lot(s) on or before the Saturday immediately following the Sale. Please note that on the Saturday following the sale, an administration charge of €10.00 per lot will be payable and a storage charge of €2.00 per lot per day will then come into effect. These charges are payable by the purchaser to the Reilly Antiques (Prosperous) Ltd and are subject to V.A.T.
Though, with regard to House Clearance Sales, a minimum charge of €20 will be charged per lot for items not collected before 4 o’ clock the following day. This will include removal to our premises at Reilly Antiques (Prosperous) Ltd, Prosperous, Co. Kildare. Then €2 per lot per day will apply for storage, (but does not include insurance). If any buyer fails to fulfil any of the above conditions, the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the warehousing charges and expenses in respect of both sales and any money deposited in part payment shall be held by the auctioneer against the defaulters liability and may be appropriated in settlement of the liability.
7. If within 30 days after the Sale of any item, the Auctioneer receives a notice in writing from the Buyers by Registered Post that such an item is a deliberate forgery, together with the necessary evidence to satisfy the Auctioneers of such an allegation, then the Sale of that item will be rescinded and the net Purchase monies refunded (less any outlays incurred by the Auctioneers) to the Purchaser.
8. In the event of any dispute arising in relation to any of the foregoing, the matter shall be referred to an Independent Arbitrator to be agreed between the parties.
9. Any person purchasing an item or items, whether on behalf of a client or not, is responsible for payment of that item or items.
10. By participating in this sale, all buyers and bidders agree to be bound by the terms and conditions of business.
11. VAT Regulations: All lots are sold within the Auctioneer’s VAT margin scheme. Revenue Regulations require that the buyer’s premium must be invoiced at a rate which is inclusive of VAT. This VAT is not recoverable by any VAT registered buyer.
12. From time to time Video Equipment may be used to display items for Sale at Auction. This service is merely a reminder to the Customer of items viewed previously during View Days. We do not guarantee the quality of the item viewed, the accuracy of the Video image or guarantee the item on display is the item being sold. Disputes arising as a result of Video display will not be entertained.
IMPORTANT NOTES
Prospective buyers are advised to attend at the auction. The auctioneer will, however be pleased to execute bids on behalf of intending buyers and no charge is made for this service. Lots will be purchased as cheaply as permitted by other bids and reserves. Bids must be submitted by 11.00 a.m. on the day of the Auction, and should be entered on the forms provided. Bids left by telephone will be accepted only on the condition that they are at the senders risk and must in any case be confirmed in writing. Bank References may be asked for if you are not known to the auction rooms. Feel free to telephone for further information – +353 (45) 868650
With regard to this Service – Reilly Antiques (Prosperous) Ltd accept no responsibility for items not viewed, whether condition report has been given or not.
13. Intending buyers should note ‘live’ telephone bids are limited to items with estimates in excess of €100 (One Hundred Euro). Telephone bids are offered on a first come first served basis as the number of Auction room telephone lines are limited.
GENERAL CONDITIONS FOR SALE
1. EACH BUYER WHO WISHES TO BID AT THE AUCTION MUST FIRST REGISTER AND OBTAIN A BIDDER NUMBER.
2. The highest bidder to be the buyer, and if any dispute arises between two or more bidders, the lot in dispute shall immediately be put up again and resold.
3. In the case of lots upon which there is a reserve, the Auctioneer shall have the right to bid on behalf of the seller.
4. The buyer shall pay the Auctioneer a commission at the rate of 20% of the Hammer Price, (inclusive of VAT).
Lots purchased online with easyliveauction.com will attract an additional charge for this service in the sum of 3% of the hammer price plus VAT at the rate imposed.
PLEASE NOTE: Debit and credit cards are for registration only, see payment methods.
5. Admission to Auctions
The Auctioneer shall have the right exercisable in its absolute discretion to refuse admission to its premises or attendance at its auctions by any person.
6. Acceptance of Bids
The Auctioneer shall have the right exercisable in its absolute discretion to refuse any bids, advance the bidding in any manner it may decide, withdraw or divide any Lot, combine any two or more Lots and, in the case of a dispute, to put any Lot up for auction again.
7. Indemnities
Any indemnity given under these conditions shall extend to all actions, proceedings, claims, demands, costs and expenses whatever and however incurred or suffered by the person entitled to the benefit of the indemnity and the Auctioneer declares itself to be a trustee of the benefit of every such indemnity for its employees, servants or agents to the extent that such indemnity is expressed to be for their benefit.
8. Representations in Catalogues
Representations or statements made by the Auctioneer in any Catalogue as to contribution, authorship, genuineness, source, origin, date, age, provenance, condition or estimated selling price or value is a statement of opinion only. Neither the Auctioneer nor its employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a Lot must exercise and rely on their own judgment and opinion as to such matters.
9. The headings of the conditions herein contained are inserted for convenience of reference only and are not intended to be part of, or to effect, the meaning or interpretation thereof.
10. Governing Law
These conditions shall be governed by and construed in accordance with Irish Law.
ONLINE BIDDING
Reilly Antiques (Prosperous) Ltd offer an online bidding service via easyliveauction.com for bidders who cannot attend the sale.
Please note that any lots purchased via easyliveauction.com live auction service will be subject to an additional 3% commission charge + VAT at the rate imposed on the hammer price. Debit and credit cards are for registration only with easyliveauction.com , see payment methods in the terms.
Shipping:
If you are unable to remove your item you will need to arrange storage and shipping. For international deliveries an export licence may be required. For local and countrywide deliveries please contact our office for quotes, we can also arrange overseas shipments. Reilly Antiques (Prosperous) Ltd can pack and send consignments and whilst every effort will be made to ensure items are property packed and, where possible, insurance taken by the service provider, no responsibility can be accepted by Reilly Antiques (Prosperous) Ltd., or their staff or agents for any loss or damage howsoever arising. Safe transit of purchases by hand, courier or shipper is at the sole risk of the purchaser.
Certain works by living artists who are citizens of the EU, is subject to a further fee to cover Artists Resale Rights which is charged at the following rates:€3000-€50,000, 4%; €50,000.01-€200,000, 3%; €200,000.01-€350,000, 1%; €350,000.01-€500,000, 0.5%; exceeding €500,000, 0.25% to a maximum charge of €12,500;there is no ARR charge for works sold at less than €3,000.
