Terms and Conditions of Sale - go back· In these conditions Gormleys 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 Gormleys conducting the auction is called "The Auctioneer".
· While reasonable care is taken to ensure the accuracy of descriptions of lots offered for sale, 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.
· Each lot is offered for sale and 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 put up 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.
· 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.
· 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 his expense on the day of the sale.
· 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.
· 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.
- The buyer shall pay artist’s resale rights where applicable. Artist’s resale rights are applicable to all works of a living artists and artists who are deceased less than 70 years that reach a hammer price over €1,000 at a rate of up to 4%.
- The buyer shall pay the auctioneer a commission of 18% of the hammer price. VAT is payable only on the commission at the prevailing rate.