Terms & Conditions

1. Definitions In these Conditions, West of Ireland Art Auctions Limited, trading as Dolans Art Auction House, 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 Dolans Art Auction House conducting the auction is called The Auctioneer. As auctioneers, Dolans act as agent for the seller. A sale contract is made directly between the seller and the buyer. However, Dolans may own a lot, and in such circumstances act in a principal capacity as seller, and/or Dolan’s may have a legal, beneficial or financial interest in a lot.

2. All Purchasers should be aware of, and familiarise themselves, with the Important Information For Purchasers as detailed online.

3. Third Party Liability Every person at or on the Auctioneerspremises 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.

4. General Whilst the Auctioneers make every effort to ensure the accuracy of their catalogue and the description of every lot: a) Each lot as set out in the catalogue, or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of description. b) The auctioneer shall not be responsible for any discrepancies between the catalogue illustration and that of the original work being offered for sale, be it in the colour of the item illustrated, nor in any other feature of the illustrated lot being offered for sale. c) Any claim under any Statute must be received in writing by the Auctioneers within three months of the sale. d) 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 party acting on their behalf. e) All lots are made available for inspection for a reasonable period prior to auction. A buyer who makes a bid for any lot thereby acknowledges that he has satisfied himself as to the physical condition, state of repair or restoration, age and catalogue description of such lot and also that he accepts these conditions of sale. Dolans knowledge, in relation to each lot, is partially dependent on information provided by the seller and Dolans are not able to, and do not, carry out exhaustive due diligence searches on each lot. Bidders acknowledge this fact and accept responsibility for carrying out inspections and investigations to satisfy themselves as to the lots they may be interested in buying. Bidders also acknowledge the fact that many lots are of an age that they may not be in perfect condition. All lots are offered for sale with any imperfections. Catalogue descriptions and condition reports may on occasions make reference to particular imperfections of a lot, but Bidders should note that lots may have other faults not expressly referred to in the catalogue or condition report. Illustrations are for identification purposes only and will not convey full information as to the actual condition of lots.

5. 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 Auctioneers 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 has arisen, he has absolute discretion to settle it or to re-offer the lot for sale. 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 other 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.

6. Rescindment 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.

7. 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 senders risk and must be confirmed in writing forthwith. In the event of a sale by private treaty both the vendor and the buyer agree to be bound by these conditions and any other 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 net proceeds arising from the sale of goods until those goods have been paid for in full.

9. Instructions All goods delivered to the Auctioneerspremises will be deemed to be delivered for sale by auction and will be catalogued and sold at the discretion 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 endeavours as Agent of the Owner to arrange for an independent contractor on the owners 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 vendors account or discharged through the Auctioneers by the purchaser as the case may be. The Auctioneers’ liability(if any) will arise 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 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 or damage to goods of any kind including breakages, or for unauthorised removal of goods.

12. Right to Re-sell The Auctioneer reserves the right to re-sell any item that has not been collected within fourteen days.

13. Telephone bidding Every effort will be made to facilitate persons wishing to bid by telephone at auction but the auctioneer disclaims responsibility for any failures for whatever reason, in this regard.

14. Absentee Bidding Every effort will be made to facilitate persons wishing to leave commission bids with the auctioneer but the auctioneer disclaims responsibility for any failures for whatever reason, in this regard.

15. Droit de Suite The artists resale levy, the droit de suite, where applicable, will be deemed to be the responsibility of the vendor. Dolans Art Auction House will not charge this levy to the purchaser. The vendor, by entering his goods for sale with Dolans Art Auction House, acknowledges that he/she is responsible for the payment of this artists resale levy. Dolans Art Auction House will not be responsible for payment of the droit de suite and the vendor by entering his/her goods for sale acknowledges that he/she has accepted and agreed to be bound by this condition of sale. Furthermore Dolans Art Auction House accepts goods for sale from the vendor on the condition that the vendor authorises Dolans Art Auction House to withhold monies due for payment of the droit de suite from the auction proceeds due to the vendor, and the vendor further authorises Dolans Art Auction House to pay the droit de suite, on the vendors behalf, to the artist. Furthermore the vendor acknowledges that the droit de suite payment where applicable will be charged to the vendors account in addition to the vendors commission charged by the auctioneer and any illustration or other charges applicable to the account.

16. Buyers Premium Buyers are reminded that there is a Buyers Premium payable to the auctioneer on the final bid price of each lot. The Buyer shall pay a commission to the auctioneer, viz. a Buyers Premium of 27.5% (inclusive of Vat) on the hammer price of each lot. The auctioneers are happy to execute bids on behalf of the buyer, but if successful, the purchase price payable will be the final bid price, together with the VAT inclusive premium chargeable thereon. Furthermore, the Buyer acknowledges that the Auctioneer may also receive a commission from the Vendor. The Buyer’s Premium is a Vat inclusive charge on every lot sold in the auction and all lots are sold within the Revenue Commissioners Auctioneers' Vat Margin Scheme”. Revenue Regulations require that the Buyers Premium must be invoiced at a rate which is inclusive of VAT and further requires that this VAT is not recoverable by any VAT registered buyer.

17. Payment All goods must be paid for in full before collection. All accounts must be discharged by account transfer or Card Payment. Payment may be made by electronic transfer of funds to Dolan’s bank account, and full details are available on request. Credit & Debit cards are both accepted. Credit card payments are accepted up to the sum of €3,000 (Three Thousand Euro). American Express Cards are Not accepted. Please note that in certain circumstances, and entirely at the discretion of the Auctioneers, full payment by account transfer may be required. The Auctioneer reserves the right not to release goods until cleared funds are received. All accounts must be settled within 7 days and the Auctioneers reserve the right to seek a 25% deposit at time of purchase. Purchasers will NOT be charged the artist’s resale levy, known as the droit de suite. Responsibility for purchased items passes to the Buyer, on the fall of the auctioneer’s hammer, ie from the moment of sale. The Buyer authorises the Auctioneer to use any photographs, drawings or illustrations of any lot purchased by the Buyer and to indicate the price paid at auction for the lot, at any time in the future and the Buyer acknowledges that same may be used for any advertising, promotional or general purposes.

18. Viewing The Auctioneers are happy to provide additional images and details of all items on request. Please note that imperfections are not stated. It is the responsibility of the purchaser to ascertain the condition of any or all goods offered for sale in the auction. The auctioneer is happy to provide a Condition Report on any lot in the auction. Each buyer, by making a bid for a lot, acknowledges that they have satisfied themselves fully before bidding, as to the Terms & Conditions of Sale and as to the physical condition and description of the lot, including but not restricted, to whether the lot is damaged or has been repaired. Estimates are provided merely as a guide and are subject to revision without notice. Please note that all books are sold with all faults’ and are not subject to return. All electrical and mechanical items, including clocks & musical instruments, are sold as is, and no warranty or guarantee comes with these items. It is up to the buyer to satisfy themselves as to whether or not they are in working order. Buyers are reminded that removal of all items is solely at the buyers risk and expense and all items are sold subject to the auctioneersTerms and Conditions of Sale’.

19. Dolan's Guarantee of Authenticity Dolan's Art Auction House takes special care to ensure that all works of art offered are as described and are the work of the artists to whom they are attributed. In the event that any work sold is subsequently proved to be a 'deliberate forgery', subject to our Terms and Conditions of Sale, Dolans will cancel the sale and refund to the buyer the total amount paid by the buyer to Dolans for the item. This guarantee is provided for a period of seven years after the date of the auction and may be extended at Dolans discretion.

20. Special Notice To Purchaser Prospective purchasers are advised that several countries prohibit the importation of property containing materials from endangered species, including but not limited to coral, ivory and tortoiseshell. Accordingly, prospective purchasers should familiarise themselves with relevant customs regulations prior to bidding, if they intend to import such items into another country. It is also the responsibility of the Buyer to ascertain if any Export Licence is required to remove an item from the State.

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