_TERMS & CONDITIONS OF SALE;
1. Definitions
In these conditions Riverside Art Gallery Sales & 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 Riverside Art Gallery Sales & Auctions conducting the auction is called "The Auctioneer".
In these conditions, the Artist is called "the vendor".
2. General
The vendor agrees that, by submitting items of Artwork, content, or information to relation to the artwork submitted, you agree to grant to Riverside Art Gallery, Sales & Auctions, its servants and agents, the right to transmit, publicly display and publicly produce any materials and other information by all means and in any media now known or hereafter developed.
The vendor also grants to Riverside Art Gallery, Sales and Auctions and its servants and agents, the right to use the Vendor’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.
While reasonable care is taken to ensure the accuracy of descriptions of lots offered for sale or auction, such descriptions, whether in advertisements, brochures, catalogues, write-ups, literature or any other form of audio or visual communication published or produced by or on behalf of the auctioneer are not, and shall not be taken to be, statements of fact or representations in relation to any such lot. They are statements of the opinion of the auctioneer. Furthermore comments and opinions which may be found in or on lots in labels, notes, catalogues prices, lists or that are expressed by any other means shall not constitute part of the description of the lot unless expressly stated by the auctioneers;
(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) Any Claim under any Statute must be received in writing by the Auctioneer’s within three months of the sale.
(c) The Auctioneers shall not be liable for consequential or resultant loss or damage sustained by a Vendor or Purchaser or 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 the negligence or lack of care of the Auctioneer’s or any party acting on their behalf.
3. Third Party Liability
Every person at or on the Auctioneer’s 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.
4. The Display
(a) Riverside Art Gallery, Sales & Auctions reserves the right to accept or decline any Artwork submitted for any reason.
(b) A panel, consisting of members of the Gallery Committee and other persons chosen by the Committee at its sole discretion, shall select the items of art that shall be displayed during the display period. The Committee reserves the right to make the final decision on the screening process, the display period and the selection of artwork to be exhibited.
(c) The decision of the panel is final. The panel is not obliged to provide an explanation regarding their decision.
(d) The Vendor will choose the price which the Artwork should be sold. This price must be inclusive of VAT (if applicable) and your delivery and insurance costs and our commission.
(e) The Vendor agrees and consents that any items of art displayed can be sold at any time throughout the display period, subject to the display price.
(f) Should any item of art be accepted by the Purchaser at the display price and subsequently sold, the Vendor agrees to sell the Art work at the accepted price.
5. Auction
(a) Works will only be offered for auction where express permission has been obtained from the vendor/artist.
(b) 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.
(c) The Auctioneer has absolute discretion to include or exclude any good from the display or subsequently from Auction.
(d) The auctioneer acts as an agent only in the sale of any lot and therefore shall not be liable for any default of the buyer or vendor. The conduct of the auction shall be at the sole discretion of the Auctioneer who may also bid on behalf of the vendor or any of the Auctioneer's clients but without any liability for errors of commissions in executing such arrangements or instructions.
(e) Each lot is put up for sale subject to any reserve price placed by the Vendor.
(f) The highest bidder for each lot upon the fall of the hammer shall be the buyer. If any dispute should arise as to who is the highest bidder, the auctioneer shall have absolute discretion to determine the dispute and may re-offer the lot again and the lot re-sold in respect of which the dispute arises. Each lot knocked down to a buyer at the auction shall be and remain at the buyer's risk.
(g) Each lot shall be at the buyers risk from the fall of the hammer and shall be paid for in full and taken away at the buyer’s expense on the day of the sale.
(h) If any buyer fails to pay in full for any lot on the day of the sale, such lot may at any time thereafter at the auctioneer's discretion, be put up for sale by the auction again or sold privately.
(i) All lots are made available for inspection for a reasonable period prior to the 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.
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.
8. 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.
9. 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.
10. Instructions
All goods delivered to the Auctioneers’ premises will be deemed to be delivered for sale by auction or by private treaty prior to the Auction and those goods remaining after the display period has ceased, 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 display and for inclusion in their auction sales, the vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
11. 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 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 responsible 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, if applicable) 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 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.
12. 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. The Vendor acknowledges this and accepts that he/she is responsible for ensuring that insurance is in place over the goods at all times.
13. Right to Re-sell
The Auctioneer reserves the right to re-sell any item that has not been collected within fourteen days.
14. 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.
15. 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.
16. Special Conditions
PRIVATE TREATY:
VENDOR
(a) The Vendor is liable to pay 30% charge for Private Treaty sale.
(b) All accounts must be discharged by certified cheque, bank draft or cash. Credit cards also accepted with a 2.5% surcharge.
(c) The Vendor agrees and accepts that the 30% charge will be deducted from the sale price prior to the release of the balance to the Vendor. The Vendor accepts that the payment of the balance will not occur until cheque payments have been cleared by the bank.
PURCHASER
(a) The Purchaser shall pay the Display Price illustrated on the item of Art unless otherwise agreed with the Vendor.
(b) All accounts must be discharged by certified cheque, bank draft or cash.. Credit cards also accepted with a 2.5% surcharge.
(c) Responsibility for items purchased passes to the purchaser on the payment of the display price. The goods must be paid for on the day of sale. Riverside Art Gallery, Sales & Auctions reserves the right not to release goods until cheque payments have been cleared by the bank.
(d) The buyer authorises Riverside Art Gallery, Sales & Auctions to use any photographs, drawings or illustrations of any item of Art purchased by the buyer, and, to indicate the price paid and the buyer acknowledges that same may be used for any advertising, promotional or other such purposes.
AUCTION
PURCHASER:
(a) The purchaser shall pay a commission to the auctioneer, viz. a Buyer’s Premium, of 15% plus VAT (if applicable) on the hammer price of each lot.
(b) The Purchaser acknowledges that the auctioneer may also receive a commission from the vendor.
(c) All accounts must be discharged by certified cheque, bank draft or cash. The auctioneer reserves the right not to release goods until cheque payments have been cleared by the bank. Credit cards also accepted with a 2.5% surcharge.
(d) Responsibility for items purchased passes to the purchaser on the fall of the hammer. The goods must be paid for on the day of sale.
(e) 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, and the buyer acknowledges that same may be used for any advertising, promotional or other such purposes.
VENDOR:
(a) The Vendor acknowledges and accepts that 15% plus VAT (if applicable) is charged on all goods sold, at Auction.
(b) The Purchaser acknowledges that the auctioneer may also receive a commission from the vendor.
(c) The auctioneer reserves the right to deduct any payment due by the Vendor from the Sale proceeds and the Vendor accepts this and agrees to the deduction prior to the release of balance proceeds to the Vendor.
(d) The Vendor further accepts that the Auctions reserves the right not to release balance sale proceeds to the Vendor until such time as cheque payments in respect of the said goods have been cleared by the bank.
17. VAT Regulations:
Vat will be charged at the appropriate rate if applicable.
In these conditions Riverside Art Gallery Sales & 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 Riverside Art Gallery Sales & Auctions conducting the auction is called "The Auctioneer".
In these conditions, the Artist is called "the vendor".
2. General
The vendor agrees that, by submitting items of Artwork, content, or information to relation to the artwork submitted, you agree to grant to Riverside Art Gallery, Sales & Auctions, its servants and agents, the right to transmit, publicly display and publicly produce any materials and other information by all means and in any media now known or hereafter developed.
The vendor also grants to Riverside Art Gallery, Sales and Auctions and its servants and agents, the right to use the Vendor’s name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.
While reasonable care is taken to ensure the accuracy of descriptions of lots offered for sale or auction, such descriptions, whether in advertisements, brochures, catalogues, write-ups, literature or any other form of audio or visual communication published or produced by or on behalf of the auctioneer are not, and shall not be taken to be, statements of fact or representations in relation to any such lot. They are statements of the opinion of the auctioneer. Furthermore comments and opinions which may be found in or on lots in labels, notes, catalogues prices, lists or that are expressed by any other means shall not constitute part of the description of the lot unless expressly stated by the auctioneers;
(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) Any Claim under any Statute must be received in writing by the Auctioneer’s within three months of the sale.
(c) The Auctioneers shall not be liable for consequential or resultant loss or damage sustained by a Vendor or Purchaser or 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 the negligence or lack of care of the Auctioneer’s or any party acting on their behalf.
3. Third Party Liability
Every person at or on the Auctioneer’s 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.
4. The Display
(a) Riverside Art Gallery, Sales & Auctions reserves the right to accept or decline any Artwork submitted for any reason.
(b) A panel, consisting of members of the Gallery Committee and other persons chosen by the Committee at its sole discretion, shall select the items of art that shall be displayed during the display period. The Committee reserves the right to make the final decision on the screening process, the display period and the selection of artwork to be exhibited.
(c) The decision of the panel is final. The panel is not obliged to provide an explanation regarding their decision.
(d) The Vendor will choose the price which the Artwork should be sold. This price must be inclusive of VAT (if applicable) and your delivery and insurance costs and our commission.
(e) The Vendor agrees and consents that any items of art displayed can be sold at any time throughout the display period, subject to the display price.
(f) Should any item of art be accepted by the Purchaser at the display price and subsequently sold, the Vendor agrees to sell the Art work at the accepted price.
5. Auction
(a) Works will only be offered for auction where express permission has been obtained from the vendor/artist.
(b) 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.
(c) The Auctioneer has absolute discretion to include or exclude any good from the display or subsequently from Auction.
(d) The auctioneer acts as an agent only in the sale of any lot and therefore shall not be liable for any default of the buyer or vendor. The conduct of the auction shall be at the sole discretion of the Auctioneer who may also bid on behalf of the vendor or any of the Auctioneer's clients but without any liability for errors of commissions in executing such arrangements or instructions.
(e) Each lot is put up for sale subject to any reserve price placed by the Vendor.
(f) The highest bidder for each lot upon the fall of the hammer shall be the buyer. If any dispute should arise as to who is the highest bidder, the auctioneer shall have absolute discretion to determine the dispute and may re-offer the lot again and the lot re-sold in respect of which the dispute arises. Each lot knocked down to a buyer at the auction shall be and remain at the buyer's risk.
(g) Each lot shall be at the buyers risk from the fall of the hammer and shall be paid for in full and taken away at the buyer’s expense on the day of the sale.
(h) If any buyer fails to pay in full for any lot on the day of the sale, such lot may at any time thereafter at the auctioneer's discretion, be put up for sale by the auction again or sold privately.
(i) All lots are made available for inspection for a reasonable period prior to the 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.
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.
8. 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.
9. 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.
10. Instructions
All goods delivered to the Auctioneers’ premises will be deemed to be delivered for sale by auction or by private treaty prior to the Auction and those goods remaining after the display period has ceased, 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 display and for inclusion in their auction sales, the vendor acknowledges that he or she has accepted and agreed to be bound by all these Conditions.
11. 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 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 responsible 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, if applicable) 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 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.
12. 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. The Vendor acknowledges this and accepts that he/she is responsible for ensuring that insurance is in place over the goods at all times.
13. Right to Re-sell
The Auctioneer reserves the right to re-sell any item that has not been collected within fourteen days.
14. 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.
15. 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.
16. Special Conditions
PRIVATE TREATY:
VENDOR
(a) The Vendor is liable to pay 30% charge for Private Treaty sale.
(b) All accounts must be discharged by certified cheque, bank draft or cash. Credit cards also accepted with a 2.5% surcharge.
(c) The Vendor agrees and accepts that the 30% charge will be deducted from the sale price prior to the release of the balance to the Vendor. The Vendor accepts that the payment of the balance will not occur until cheque payments have been cleared by the bank.
PURCHASER
(a) The Purchaser shall pay the Display Price illustrated on the item of Art unless otherwise agreed with the Vendor.
(b) All accounts must be discharged by certified cheque, bank draft or cash.. Credit cards also accepted with a 2.5% surcharge.
(c) Responsibility for items purchased passes to the purchaser on the payment of the display price. The goods must be paid for on the day of sale. Riverside Art Gallery, Sales & Auctions reserves the right not to release goods until cheque payments have been cleared by the bank.
(d) The buyer authorises Riverside Art Gallery, Sales & Auctions to use any photographs, drawings or illustrations of any item of Art purchased by the buyer, and, to indicate the price paid and the buyer acknowledges that same may be used for any advertising, promotional or other such purposes.
AUCTION
PURCHASER:
(a) The purchaser shall pay a commission to the auctioneer, viz. a Buyer’s Premium, of 15% plus VAT (if applicable) on the hammer price of each lot.
(b) The Purchaser acknowledges that the auctioneer may also receive a commission from the vendor.
(c) All accounts must be discharged by certified cheque, bank draft or cash. The auctioneer reserves the right not to release goods until cheque payments have been cleared by the bank. Credit cards also accepted with a 2.5% surcharge.
(d) Responsibility for items purchased passes to the purchaser on the fall of the hammer. The goods must be paid for on the day of sale.
(e) 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, and the buyer acknowledges that same may be used for any advertising, promotional or other such purposes.
VENDOR:
(a) The Vendor acknowledges and accepts that 15% plus VAT (if applicable) is charged on all goods sold, at Auction.
(b) The Purchaser acknowledges that the auctioneer may also receive a commission from the vendor.
(c) The auctioneer reserves the right to deduct any payment due by the Vendor from the Sale proceeds and the Vendor accepts this and agrees to the deduction prior to the release of balance proceeds to the Vendor.
(d) The Vendor further accepts that the Auctions reserves the right not to release balance sale proceeds to the Vendor until such time as cheque payments in respect of the said goods have been cleared by the bank.
17. VAT Regulations:
Vat will be charged at the appropriate rate if applicable.