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.
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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. Governing Law These conditions shall be governed by and construed in accordance with Irish Law.
Notices Any notice or other communication required to be given by the Auctioneer hereunder to a buyer or a seller shall, where required, be in writing and shall be sufficiently given if delivered by hand or sent by post to, in the case of the buyer, the address of the buyer specified in the Registration Form or Register, and in the case of the seller, the address of the seller specified in the Sale Order Form or to such other address as the buyer or seller as appropriate may notify the Auctioneer in writing.
Every notice or communication given in accordance with this condition shall be deemed to have been received if delivered by hand on the day and time of delivery and if delivered by post three business days after posting. 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. Payment Unless credit terms have been agreed with the Auctioneer before the auction the buyer of a Lot shall pay to the Auctioneer within two days from the date of the auction the Total Amount Due. The Auctioneer may apply any payments received by a buyer towards any sums owing from that buyer to the Auctioneer on any account whatever regardless of any directions of the buyer or his agent in that regard whether express or implied.
The Auctioneer shall only accept payment from successful bidders in cash, draft in Euro or by the bidder's own cheque drawn on an Irish bank account vouched to the satisfaction of the Auctioneer.
How Bidding Works Sale ProcedureThe sale will commence at a designated time and date and will run for a specific number of masala-magazin.com sale will end with every lot finishing at 1 minute intervals up until the sales completion. Please note: Each individual lot displays a unique individual end time. If within 5 minutes of the end of the auction (for each specific lot only) a new bid is placed, the About My Show Privates Group: Enjoy watching me play with myself using fingers and toys. Exclusives: A one on one custom show. I am into slow and seductive stripping, mutual masturbation, submissive dirty talk and whatever you are into or willing to teach me Sexy Nude. Subject of Morgandelaney Chaturbate room: Right now you can chat and watch morgandelaney getting naked, masturbating, using dildo and lovense and much more absolutely FREE! In addition to all you can interact with Morgandelaney in real time and control her pleasures just by clicking your mouse or by tap on mobile
Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, shall not be accepted. We also accept debit card payments, with no surcharge; however the cardholder in person can only make the payment. Online payment facilities are available through the website.
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com 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.
Collection of Purchases The buyer shall at his own expense collect the Lot purchased not later than seven days after the date of the auction but unless credit terms have been agreed with the Auctioneer pursuant to condition 14 not before payment to the Auctioneer of the Total Amount Due. The buyer shall be responsible for any removal, storage and insurance charges in respect of any Lot which is not taken away within seven days after the date of the auction.
The purchased Lot shall be at the buyer's risk in all respects from the earlier of the time of collection or the expiry of seven days from the date of the auction. Neither the Auctioneer nor its employees, servants or agents shall thereafter be liable for any loss or damage of any kind howsoever caused while a purchased Lot remains in its custody or control after such time Packaging, Shipping, Storage and Insurance of Purchased Lots The buyer shall be responsible for all packing and shipping costs for the purchased property.
Under no circumstances shall the Auctioneer, its employees, servants or agents be liable for damage of any kind and howsoever caused to any purchased property as per our Conditions of Sale nor shall the Auctioneer be liable for the errors or omissions of, or for any damage caused by, any packers or shippers which the Auctioneer has recommended. Liability of Auctioneer and Seller Prior to auction ample opportunity is given for the inspection of the Lots on sale and each buyer by making a bid acknowledges that he has, by exercising and relying on his own judgment, satisfied himself as to the physical condition, age and Catalogue description of each Lot including but not restricted to whether the Lot is damaged or has been repaired or restored.
All Lots are sold with all faults and imperfections and errors of description.
Neither the seller, the Auctioneer nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any Lot. 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. The buyer's sole entitlement under this condition is to a refund of the actual amount paid by him in respect of the Lot.
Under no circumstances shall the Auctioneer be liable for any damage, loss including consequential, indirect or economic loss or expense suffered or incurred by the buyer by reason of the Lot being a Forgery. The benefit of this condition shall be solely and exclusively for the buyer and shall not be assignable.
The buyer shall for the purpose of this condition be the person to whom the original invoice in respect of the sale of the Lot is made. Photographs The buyer authorises the Auctioneer at any time to make use of any photographs or illustrations of the Lot purchased by the buyer for such purposes as the Auctioneer may require.
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This VAT is not recoverable by any VAT registered buyer. Seller's Warranty and Indemnity The seller warrants to the Auctioneer and to the buyer that he is the true owner of the Lot or is legally authorised to sell the Lot on behalf of the true owner and can transfer good and marketable title to the Lot free from any third party claims. As regards Lots not held by the Auctioneer on its premises or under its control the seller warrants and undertakes to the Auctioneer and the buyer that the Lot will be available and in a deliverable state on demand by the Auctioneer or buyer.
The seller shall indemnify the Auctioneer and the buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the seller. Reserves 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 auction.
This also applies to changes in reserves. 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 with the consent of the Auctioneer. A commission shall be charged on the 'knock-down' bid for Lots which fail to reach the reserve price.
This commission and any VAT payable thereon must be paid before removal of the Lot after the auction.
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The Auctioneer may in its sole discretion sell a Lot at a Hammer Price below the reserve thereon but in such case the Proceeds of Sale to which the seller shall be entitled shall be the same as they would have been had the sale been at the reserve.
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.
In the event that any reserve price is not reached at auction then for so long as the Lot remains with the Auctioneer and to the extent that the Lot has not been re-entered in another auction the seller authorises the Auctioneer to sell the Lot by private treaty at not less than the reserve price.
The Auctioneer shall ensure that in such a case those conditions herein which concern mainly the buyer shall, with any necessary modification, apply to such sale.
Minimum charges are detailed below.
The seller authorises the Auctioneer to deduct from the Hammer Price paid by the buyer the Auctioneer's Commission under this condition; VAT payable at the applicable rates and any other amounts due by the seller to the Auctioneer in whatever capacity howsoever arising. The seller agrees that the Auctioneer may also receive commission from the buyer. Insurance Unless otherwise instructed by the seller, all Lots with the exception of motor vehicles deposited with the Auctioneer or put under its control for sale shall automatically be insured by the Auctioneer under the Auctioneer's own fine arts policy for such sum as the Auctioneer shall from time to time in its absolute discretion determine.
The seller shall pay the Auctioneer a contribution towards such insurance at the rate of 1. If the seller instructs the Auctioneer not to insure a Lot then the Lot shall at all times remain at the risk of the seller who undertakes to indemnify the Auctioneer and hold the Auctioneer harmless against any and all claims made or proceedings brought against the Auctioneer of whatever nature and howsoever and wheresoever occurring for loss or damage to the Lot.
The sum for which a Lot is covered for insurance under this condition shall not constitute and shall not be relied upon by the seller as a representation, warranty or guarantee as to the value of the Lot or that the Lot will, if sold by the Auctioneer, be sold for such amount.
Such insurance shall subsist until such time as the Lot is paid for and collected by the buyer or, in the case of Lots sold which are not paid for or collected by the buyer by the due date hereunder for payment or collection such due date or, in the case of Lots which are not sold, on the expiry of seven days from the date on which the Auctioneer has notified the seller to collect the Lots.
Illustration Charges Catalogue illustrations are included at the discretion of the Auctioneer.
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Illustration charges will be calculated on the particular category of sale. These charges are subject to change.
Rescission of Sale If before the Auctioneer has paid the Proceeds of Sale to the seller the buyer proves to the satisfaction of the Auctioneer that the Lot sold is a Forgery the Auctioneer shall rescind the sale and refund to the buyer any amount paid to the Auctioneer by the buyer in respect of the Lot.
Payment of Proceeds of Sale The Auctioneer shall remit the Proceeds of Sale to the seller not later than thirty 30 days after the date of the auction, provided however that, if by that date, the Auctioneer has not received the Total Amount Due from the buyer then the Auctioneer shall remit the Proceeds of Sale within seven working days after the date on which the Total Amount Due is received from the buyer.
If credit terms have been agreed between the Auctioneer and the buyer the Auctioneer shall remit to the seller the Proceeds of Sale not later than thirty 30 days after the date of the auction unless otherwise agreed by the seller. If before the Total Amount Due is paid by the buyer the Auctioneer pays the seller an amount equal to the Proceeds of Sale then title to the Lot shall pass to the Auctioneer.
If the buyer fails to pay the Auctioneer the Total Amount Due within fourteen 14 days after the date of the auction, the Auctioneer shall endeavour to notify the seller and take the seller's instructions on the course of action to be taken and, to the extent that it is in the sole opinion of the Auctioneer feasible, shall endeavour to assist the seller to recover the Total Amount Due from the buyer provided that nothing herein shall oblige the Auctioneer to issue proceedings against the buyer in the Auctioneer's own name.
If circumstances do not permit the Auctioneer to take instructions from the seller or, if after notifying the seller, it does not receive instructions within seven 7 days, the Auctioneer reserves the right, and is hereby authorised by the seller at the seller's expense, to agree special terms for payments of the Total Amount Due, to remove, store and insure the Lot sold, to settle claims made by or against the buyer on such terms as the Auctioneer shall in its absolute discretion think fit, to take such steps as are necessary to collect monies due by the buyer to the seller and, if necessary, to rescind the sale and refund money to the buyer.
Payment of Proceeds to Overseas Sellers If the seller resides outside Ireland the Proceeds of Sale shall be paid to such seller in Euro unless it was agreed with the seller prior to the auction that the Proceeds of Sale would be paid in a currency other than Euro specified by the seller in which case the Proceeds of Sale shall be paid by the Auctioneer to the seller in such specified currency provided that that currency is legally available to the Auctioneer in the amount required calculated at the rate of exchange quoted to the Auctioneer by its bankers on the date of payment.
All payment instructions must be in writing. Charges for Withdrawn Lots Once catalogued. All commission hereunder must be paid for before Lots withdrawn may be removed.
Unsold Lots Where any Lot fails to sell at auction the Auctioneer shall notify the seller accordingly and in the absence of agreement between the seller and the Auctioneer to the contrary such Lot may, in the absolute discretion of the Auctioneer, be re-entered in the next suitable auction unless instructions are received from the seller to the contrary, otherwise such Lots must be collected at the seller's expense within the period of thirty 30 days of such notification from the Auctioneer.
Upon the expiry of such period the Auctioneer shall have the right to sell such Lots by public auction or private sale and on such terms as the Auctioneer in its sole discretion may think fit. The Auctioneer shall be entitled to deduct from the price received for such Lots any sums owing to the Auctioneer in respect of such Lots including without limitation removal, storage and insurance expenses, any commission and expenses due in respect of the prior auction and commission and expenses in respect of the subsequent auction together with all reasonable expenses before remitting the balance to the seller.
If the seller cannot be traced the balance shall be placed in a bank account in the name of the Auctioneer for the seller.
Any deficit arising shall be due from the seller to the Auctioneer. Any Lots returned at the seller's request shall be returned at the seller's risk and expense and will not be insured in transit unless the Auctioneer is so instructed by the seller.
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Auctioneer's Right to Photographs and Illustrations The seller authorises the Auctioneer to photograph and illustrate any Lot placed with if for sale and further authorises the Auctioneer to use such photographs and illustrations and any photographs and illustrations provided by the seller at any time in its absolute discretion whether or not in connection with the auction. VAT It is presumed unless stated to the contrary, that the items listed herein are auction scheme goods as defined in the Finance Act Collection after an Online auction There is no charge if you collect from one of our offices.
Items won in an Online Auction will be available for collection from the Skibbereen Office from 9.
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Items must be paid for and collected within 7 days after the sale. Office hours are 9.
Telephone or email info morganodriscoll. com your items will be wrapped and transported to the Dublin Office within 10 - 14 days of the auction. Collection after an In-room Live Auction Items won in an In-room Live Auction will be available for collection at the end of the auction.
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