CONDITIONS OF SALE
These Conditions of Sale set out the terms on which Matthews Auctioneers carries on business. By offering to bid/buy an individual Lot or Lots you agree to these terms, so you should read them carefully before doing so and if you wish seek legal advice.
In these conditions “the Auctioneer”, “our” and “we” means Matthews Auctioneers and “the Buyer” means the highest bidder acceptable to Matthews Auctioneers who buys at the Hammer Price. Any dispute which may arise with regard to bidding or the acceptance of bids shall be settled by the Auctioneer. Every bidder shall be deemed to act as principal unless the Auctioneer has prior to the auction acknowledged in writing that a bidder is acting as agent on behalf of a named principal.
1. In these conditions the following words and expressions shall have the following meaning:
Catalogue – Any advertisement, brochure, estimate, price list or other publication.
Charges – are our charges as set out in these conditions of sale, to include all relevant taxes and charges.
Condition – the physical condition of a Lot.
Condition report – a report that we may provide to a potential buyer on the Condition of a Lot, which is a statement of opinion only on the part of Matthews Auctioneers.
Hammer Price –The Price at which a Lot is knocked down by the Auctioneer to the buyer.
Lot – any item, which is deposited with us with a view to its sale at auction and, in particular the item or items described against any Lot number in the catalogue.
Provenance – the ownership history of a Lot.
‘Registration Form or Register’ – The registration form (or, in the case of persons who have previously attended at auctions held by the Auctioneer and completed registration forms, the register maintained by the Auctioneer which is compiled from such registration forms) to be completed and signed by each prospective buyer or, where the Auctioneer has acknowledged that a bidder is acting as agent on behalf of a named principal, each such bidder prior to the commencement of an auction.
Total Amount Due – The Hammer Price of the Lot sold, the Auctioneer’s Commission due thereon, such VAT as is chargeable and any additional interest, expenses or charges due hereunder.
2. DESCRIPTION OF THE LOT OR LOTS
Our description of any Lot in the catalogue, any condition report and any other statement made by us (whether orally or in writing) about any Lot, including about its nature or condition, artist, period, materials, approximate dimensions or provenance are our opinion and not to be relied upon as a statement of fact. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.
3. AUCTIONEER ACTING AS AGENT
The Auctioneer is selling as agent for the seller and the Auctioneer reserves the right to bid on behalf of the seller.
4. AUCTIONEER BIDDING ON BEHALF OF A BUYER
It is the opinion of Matthews Auctioneers that the interests of prospective buyers are best protected and served by the buyers attending at an auction. However, the Auctioneer will, if instructed, execute bids on behalf of a prospective buyer. Neither the Auctioneer nor its employees, servants or agents shall be responsible for any neglect or default in executing bids or failing to execute bids.
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. Anyone intending to bid must register for a paddle number before the auction. Please allow time for registration. Potential bidders are recommended to register on viewing days.
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. TELEPHONE BIDS
If a bidder is not able to attend an auction in person an auction, we will use our reasonable efforts to contact prospective Buyers who make arrangement prior to commencement of the sale to bid by telephone.
We cannot be held responsible in the event of issues affecting connectivity, resulting in the loss of a chance of purchasing the Lot for the Bidder.
8. ON-LINE BIDDING
We offer internet services as a convenience to our clients via a third party online platform and such service is provided subject to the third party’s terms and conditions. We will not be responsible for errors or failures to execute bids placed on the internet, including, without limitation, errors or failures caused by (i) a loss of internet connection by either party for whatever reason; (ii) a breakdown or problems with the online bidding software and/or (iii) a breakdown or problems with your or our internet connection, computer or system. Execution of on-line internet bids is a free service undertaken subject to other commitments and we do not accept liability for failing to execute an online internet bid or for errors or omissions in connection with this activity. Some sales may be available to internet bidding, as well as personal attendance. In this event, we shall not be held responsible for any issues that arise in respect of internet connectivity.
9. VIDEO TRANSMISSION
For the purpose of the sale, Lots may be displayed on video during the auction. In the event of transmission issues, we shall not be held responsible for any subsequent outcome.
10. OUR RESPONSIBILITY FOR OUR DESCRIPTION OF LOT OR LOTS
We do not provide any guarantee in relation to the nature of a Lot apart and to the extent provided in clause 43 below.
11. CONDITION
a. The condition of the Lot or Lots can vary widely due to factors such as age, previous damage, restoration, repair and wear and tear. Their nature and age means that they will rarely be in perfect condition. All the Lot or Lots are sold ‘as is’, in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by Matthews Auctioneers or by the seller.
b. Any reference to the condition of a Lot in a catalogue entry or in a Condition report will not amount to a full description of condition of a Lot, and it is important to note that images may not show a Lot clearly. The words: ‘Condition report’ have the following meaning in these Conditions of Sale: ‘a report that we may provide to a potential buyer on the Condition of a Lot’. Colours and shades may look different in print or on screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a Lot. Condition reports are provided free of charge and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration or adaptation due to the fact that our staff are not professional restorers or conservators. For that reason, they are not an alternative to examining a Lot in person or taking your own professional advice. It is your responsibility to ensure that you have requested, received and considered any condition report.
12. VIEWING THE LOT OR LOTS
You should inspect the Lot or Lot or Lots personally or through a knowledgeable representative before you bid to make sure that you accept the description and condition of the Lot or Lots. We recommend you get your own advice from a restorer or other professional adviser.
13. ESTIMATES & RESERVES
Estimates are shown below each lot in this sale. All amounts are shown in Euro. An estimate is not a guarantee of the Hammer price at which we will sell a Lot and is a statement of opinion only.
14. Reserves if any will not be any higher than the lower estimate. Subject to the Auctioneer’s discretion, the seller shall be entitled prior to the auction to place a reserve on any Lot. All reserves must be agreed in advance by the Auctioneer and entered on the Sale Order Form or subsequently be confirmed in writing to the Auctioneer prior to the auction. This also applies to changes in reserves. A reserve may not be placed upon any Lots under 100 Euros in value. The reserve shall be the minimum Hammer Price at which the Lot may be sold by the Auctioneer. A reserve once in place may only be changed on the ‘knock down’ bid for Lots which fail to reach the reserve price. Unless a reserve has been placed on a Lot in accordance with the provisions set out above such Lot shall be put up for sale without reserve.
WITHDRAWAL
Matthews Auctioneers may, at its option, withdraw any Lot at any time prior to the sale of the Lot or Lots. Matthews Auctioneers has no liability to you for any decision to withdraw.
15. REGISTERING TO BID
You will be asked for the following:
(i) for individuals: Photo identification (driving licence, national identity card or passport) and, if not shown on the ID document, proof of your current address (for example, a current utility bill or bank statement).
(ii) for corporate clients: Your Certificate of Incorporation or equivalent document(s) showing your name and registered address together with documentary proof of directors and beneficial owners; and (iii) for trusts, partnerships, offshore companies and other business structures, please contact us in advance to discuss our requirements.
(b) We may also ask you to give us a financial reference and/or a deposit as a condition of allowing you to view the Lot or Lots.
16. IF YOU FAIL TO PROVIDE THE CORRECT DOCUMENTS
If in our opinion you do not satisfy our buyer identification and registration procedures outlined in Clause 15 above including, but not limited to completing any anti-money laundering financing checks we may require to our satisfaction, we may cancel the contract for sale between you and the seller.
17. BUYING ON BEHALF OF ANOTHER PERSON
If you are viewing the Lot or Lots and buying on behalf of another person, that person will need to complete the registration requirements outlined in Clause 15 before you can bid, and supply a signed letter authorising you to make an offer for the Lot or Lot or Lots for him/ her.
THE COMMISSION, TAXES AND ARTIST’S RESALE ROYALTY
18. OUR COMMISSION
In addition to the Hammer price, the buyer agrees to pay us Commission on the Hammer price of each Lot. On each Lot we charge 19.5% of the hammer price plus VAT at the current rate on our Commission. In addition, the Buyer agrees that Matthews Auctioneers may at our discretion direct the Buyer by written notice to pay a portion of the Commission to a third party.
19. TAXES
The successful Buyer is responsible for any applicable tax including any VAT or equivalent tax wherever they arise on the Hammer price and the Auctioneer’s Commission. It is the Buyer’s responsibility to ascertain and pay all taxes due.
20. ARTIST’S RESALE ROYALTY
In Ireland, S.I. No. 312/2006 - European Communities (Artist's Resale Right) Regulations 2006 entitles the artist or the artist’s estate to a royalty known as ‘artist’s resale right’ when any Lot created by the artist is sold. In the event legislation applies to a Lot, you must pay us an extra amount equal to the royalty. We will pay the royalty to the appropriate authority on the seller’s behalf.
The artist’s resale royalty applies if the Hammer price of the Lot is 1,000 euro or more. The total royalty for any Lot cannot be more than 12,500 euro. We work out the amount owed as follows:
Royalty for the portion of the Hammer price
(in euros)
4% up to 50,000
3% between 50,000.01 and 200,000
1% between 200,000.01 and 350,000
0.50% between 350,000.01 and 500,000
over 500,000, the lower of 0.25% and 12,500 euro.
WARRANTIES
21. SELLER’S WARRANTIES
“Warranty” in these Conditions of sale has the following meaning: “a statement or representation in which the person making it guarantees that the facts set out in it are correct and acknowledges that the other party is relying upon it to enter into this agreement”.
For each Lot, the seller gives a warranty that the seller:
a. is the owner of the Lot or Lots or a joint owner of the Lot or Lots acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the Lot or Lots, has the permission of the owner to sell the Lot, or the right to do so in law; and
b. has the right to transfer ownership of the Lot or Lots to the Buyer without any restrictions or claims by anyone else.
If either of the above warranties are incorrect, the seller shall not have to pay more than the Total Amount Due (as defined in clause 22) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages or expenses. The seller gives no warranty in relation to any Lot other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller which may be added to this agreement by law, are excluded.
PAYMENT
22. HOW TO PAY
a. Before a transfer of ownership takes place you must pay the Hammer Price being:
the Hammer price; and (ii) Auctioneers Commission; and any amounts due under clause 11 above; and (iv) any duties, goods, sales, use, compensating or service tax or VAT.
Payment is due before any transfer of ownership takes place. The date on which Matthews Auctioneers receives the Total Amount Due into the Bank Account below shall be considered the date of sale.
b. We will only accept payment from the Buyer. Once issued, we cannot change the Buyer’s name on an invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the Lot or Lots and you need an export licence.
c. You must pay for Lot or Lots bought at Matthews Auctioneers in Ireland, in the currency stated on the invoice, By; Wire transfer.
You must make payment to: Allied Irish Banks, Capel Street Branch, Dublin 1
Damien Matthews t/a Matthews Auctioneers/Matthews Auction Rooms.
Cash, bankers draft or cheque drawn on an Irish Bank.
Cheques will take a minimum of five working days to clear the bank, unless they have been vouched to our satisfaction prior to the sale, or if you have previous cheque payment history with Matthews Auctioneers.
d. Please note subject to the Property Services Regulatory Authority or PSRA requirements, buyer’s completing transactions in the cash amount of €500 and above, will be required to complete a cash origin form. This form will be available at reception and transactions will not be finalised until this form is completed.
23. TRANSFERRING OWNERSHIP TO YOU
Notwithstanding delivery or passing of risk to you,,you will not own the Lot or Lots and ownership of the Lot or Lots will not pass to you until we have received full and clear payment of the Total Amount Due.
24. TRANSFERRING RISK TO YOU
The risk in and responsibility for the Lot or Lots will transfer to you when we have received full and clear payment and transfer of ownership has taken place.
25. WHAT HAPPENS IF YOU DO NOT PAY
If you fail to pay us the Total Amount Due within two days of the Date of Sale we can cancel the sale of the Lot or Lots. If we do this, we may sell the Lot or Lot or Lots again, publicly or privately, on such terms we shall think necessary or appropriate. Any deposit or other part payment will be returned in full.
COLLECTION, STORAGE AND PACKING
26. COLLECTION
a. Once you have made full and clear payment, you must collect the Lot or Lots promptly with two days of the Date of Sale, unless otherwise agreed in writing by Matthews Auctioneers. You may not collect the Lot or Lots until you have made full and clear payment of all amounts due to us.
b. If you have paid for the Lot or Lots in full, but you do not collect the Lot or Lots within 2 calendar days after the sale, we may sell it, unless otherwise agreed in writing. If we do this we will pay you the proceeds of the sale after taking our storage charges, re-sale commission 19.5% plus vat and any other amounts you may owe us. We have the right to sell the Lot or Lots without a reserve in our next auction or by private treaty. We refer the right to commence legal proceedings for the recovery of the Total Amount Due together with interest, legal fees and costs.
27. PACKING AND HANDLING
We shall use all reasonable endeavours to take care when handling and packing a purchased Lot but remind you that after 2 calendar days or from the time of collection, whichever is sooner, the Lot is entirely at your risk. It is the responsibility of the Buyer to be aware of any Import Duties that may be incurred upon importation to the final destination. We will not accept return of any package in order to avoid these duties. The onus is also on the Buyer to be aware of any Customs import restrictions that prohibit the importation of certain collectibles. We will not accept return of the Lot or Lots under these circumstances. We will not accept responsibility for any Lot or lots seized or destroyed by Customs Authority If the Buyer requires delivery of the Lot to an address other than this will be carried out at our discretion.
OTHER TERMS
28. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a Lot or Lots if we reasonably believe that completing the transaction is, or may be, unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
29. COPYRIGHT
We own the copyright in all images, illustrations and written material produced by or for us relating to a Lot (including the contents of our catalogue unless otherwise noted.). You cannot use them without our prior written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the Lot or Lots. Further, you authorise us at any time to make use of any photographs or illustrations for such purposes as we may require.
30. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted and the rest of this agreement will not be affected.
31. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer your rights or responsibilities under these terms on the contract of sale with the Buyer unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities.
32. WAIVER
No failure or delay to exercise any right or remedy provided under these Conditions of Sale shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
33. LAW AND DISPUTES
This agreement, and any non-contractual obligations arising out of or in connection with this agreement, or any other rights you may have relating to the purchase of a Lot or Lots will be governed by the laws of Ireland. Before we or you start any court proceedings. The parties irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, Terms and Conditions or their subject matter. We agree we will each try to settle the dispute by mediation following the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. We will use a mediator affiliated with CEDR Ireland who we and you agree to. If the dispute is not settled by mediation, you agree for our benefit that the dispute will be referred to and dealt with exclusively in the courts of Ireland. However, we will have the right to bring proceedings against you in any other court.
34. STORAGE
a. If you have not collected the Lot or Lots within two days following the sale, we or our appointed agents can remove the Lot or Lots at our option to an alternative location to where they were located on the Date of the Sale.
b. If you have not collected the Lot or Lots within 2 calendar days of the sale, we will charge you storage costs of ten euros per lot per calendar day and can, at our option, also charge you transport costs and handling fees for moving the Lot or Lots from the Auction Room to a secure facility or warehouse. You will be liable to us or our agent directly for these costs.
35. EXPORT AND IMPORT
Any Lot or Lots sold by Matthews Auctioneers may be affected by laws on exports from the country in which it is sold and the import restrictions of other countries.
Many countries require a declaration of export for property leaving the country and/or an import declaration on entry of property into the country.
Local laws may prevent you from importing a Lot or may prevent you selling a Lot in the country you import it into.
You alone are responsible for getting advice about and meeting the requirements of any laws or regulations which apply to exporting or importing any Lot prior to sale taking place. If you are refused a licence or there is a delay in getting one, you must still pay us in full for the Lot or Lots. Matthews Auctioneers cannot guarantee that you will receive a licence.
36. JEWELLERY
a. Gemstones treatment and estimates
Many gemstones on the market have been treated so as to augment their appearance, in a reversible or permanent manner. Treatment under the present section may be but not limited to:
• Heat treatment to enhance sapphires and rubies’ clarity and colour
• Oil and resin treatments for emeralds applied in different ways, to enhance clarity of the stone
• Staining
• Irradiation
• Coating
Estimates provided by us are deemed to be based on the fact that the gemstone may have been subject to any type of treatment in the past. We shall not be responsible in the absence of mention thereof. A certificate may be issued by a laboratory, providing with detailed information on the condition of the gemstone and any treatment applied thereof. The buyer must be aware that different laboratories have different approaches as to the degree or type of treatment for a particular gemstone.
If a certificate accompanies the Lot, the Buyer must be aware that it is merely a statement of the laboratory’s opinion and in no way can we be held responsible for any mentions therein. Such certificates are deemed to be delivered with the Lot for informative purposes only.
b. Gemmological Descriptions
All dimensions and estimated weights of gemstones have been determined without unsetting the stones and are, therefore, only approximate because of limitations imposed by the mount. The weights are normally calculated by applying standard formulae to the measurements taken.
Diamond quality grade assessments, which are approximate, are based on comparison with known stones. The elements that comprise the grade can be estimated only, because of limitations imposed by the mount.
Gemmological descriptions are based on visual assessments without unsetting the stones. Whilst Matthews Auctioneers is reasonably satisfied that all such descriptions are correct, no responsibility can be assumed if subsequent unsetting and testing disproves these opinions.
c. Pearls
Any article which incorporates pearls has been valued according to the opinion expressed, i.e. cultured, natural. Unless otherwise stated, none will have been subjected to testing by Xray to confirm this opinion.
37. CLOCKS AND WATCHES
As noted previously in these conditions, all Lots are sold as seen. Clocks and watches are therefore not deemed to be sold in working condition. Absence of reference thereof in the description does not imply that the Lot is in good condition and without defects, or has been subject to repair or restoration.
We make no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, bidders should be aware that a general service, changes of battery or further repair work, for which the buyer is solely responsible, may be necessary.
Most clocks and watches are likely to have been repaired in the past, and as a result may include parts that are not original thereto.
It should also be noted that the United States of America restricts the importation of certain watches. Certain watches can only be imported by the Buyer and we cannot assist in the shipping thereof.
Some watches may include leather straps derived from endangered species. Buyers may be required to obtain appropriate permits for import or export purposes in accordance with the relevant regulations.
38. ASIAN ARTS
When dealing with Asian arts and more specifically with items made of exotic wood (e.g. all species of rosewood or elephant ivory, the Buyer must be aware of import and export restrictions in accordance with Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein and Commission Regulation (EC) No. 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No. 338/97 on the protection of species of wild fauna and flora by regulating trade therein, together with any amendments to or replacements of those Regulations; (“CITES Regulations”). Import and export permits or re-export certificates may be required.
39. BOOKS AND MANUSCRIPTS
Books and manuscripts sold as incomplete are not subject to returns. WINES AND SPIRITS
In accordance with agreed standards in the trade, estimates shall be deemed to have taken into account the fill level.
For the purposes of the present terms and conditions, the ‘Fill Level, refers to the space between the base of the cork and the liquid in the bottle. Fill levels may vary with age or depending on the condition of the wine or spirit.
Lack of mention thereof in the description is not a representation of an ‘acceptable’ fill level from us.
We offer no guarantee as to the suitability for drinking of the wine or spirit. The Buyer must be aware of the risk that the taste of a wine or spirit may be altered due to factors such as age, storage conditions and oxidation, etc.
40. USE OF YOUR PERSONAL INFORMATION
We will use the personal information you provide to us as set out in our privacy notice;
(a) process the bids you make on Lots (whether successful or otherwise) and other auction related services we provide;
(b) process your payment relating to a successful purchase of a Lot;
(c) arrange for delivery of any Lot you purchase, which will include passing your details to shipping providers and, on overseas deliveries, to customs where they make enquiries regarding the Lot; and
(d) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. Where you default on making payment for a Lot in accordance with these terms and conditions, we may disclose details of such default to other auctioneers and live bidding platforms. We are also working closely with third parties (including, for example, other auctioneers and live bidding platforms) and may receive information about you from them. Where you provide us with personal information about other individuals, you must ensure that your provision of that information is compliant with applicable data protection law.
41. OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees, about any Lot and, as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are excluded. The seller’s warranties contained in Clause 21 are their own and we do not have any liability to you in relation to those warranties.
(b) (i) We are not responsible to you for any reason (whether for breaking this agreement or any other matter relating to your purchase of any Lot or Lots) or
(ii) give any representation, warranty or guarantee or assume any liability of any kind in respect of any Lot or Lots with regard to merchantability, fitness for a particular purpose, description, size, weight quality, condition, attribution, authenticity, rarity, (except in the limited circumstances where the dispute, controversy or claim is related to proceedings brought by someone else and this dispute could be joined to those proceedings). If, in spite of the terms in paragraphs (a) to (b) above, we are found to be liable to you for any reason, we shall not have to pay more than the Total Amount Due paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.
