Conditions of Business for Online Auctions
Please read these Terms and Conditions carefully. By using this website, you indicate your acceptance of these Terms and Conditions. If you do not accept these terms and conditions, please do not use this website.
Auctioneer Acting as Agent
Morgan O’Driscoll acts in every respect only as agents for the seller of each lot.
Acceptance of Bids
All bids shall be treated as offers made upon the conditions of sale. Confirming your bid is a commitment to buy and is legally binding.
The highest approved bidder shall be the Purchaser, and if any dispute arises as to a bid, the lot in dispute may be put up again at the last undisputed bid and any dispute whatever in respect of the property or the sale and delivery of the goods shall be determined by the auctioneer, or in his absence by the Clerk of the sale.
The bidding shall be regulated by the auctioneer as the sale proceeds, and no bidding shall be retracted.
The auctioneer has the right to refuse any bid at his absolute discretion.
The auctioneer shall be at liberty to group together any lots, or to divide any lots during the progress of the sale, and in the case of lots upon which there is a reserve, the auctioneer or his clerk shall have the right to bid on behalf of the vendor, or to withdraw the goods from sale.
The auctioneer accepts no liability for any failure or delay on placing bids or any errors contained in bids placed via the online bidding service. By choosing to use our online bidding service you agree that you are doing so entirely at your own risk.
The auctioneer accept no liability for delay, disruption or interruption of auction activity in the event of, but not limited to, technical problems, power cuts, electrical failure, fire, flooding and other acts of human error.
The auctioneer reserves the right to modify the Date or Start Time of Beginning of Auction at its discretion
Viewing of Lots
All lots are available to view in our Skibbereen office prior to Online auctions on designated times or by appointment.
The Buyer
Every buyer on being declared as such by the auctioneer shall if required hand in his name and full address and if requested his bank or other suitable references.
The purchase price payable by the buyer shall be the aggregate of the price at which the lot is knocked down and a premium of 20% of the final bid together with Value Added Tax on the premium at the prevailing rate.
For example on a hammer price of €1,000, the Buyer's Premium amounts to €200 and the VAT on the Buyer's Premium amounts to €46, giving a total amount due of €1,246.
Packing and Shipping
The buyer shall be responsible for all packing and shipping costs for the purchased property. Purchased Lots may be packed and handled by the Auctioneer, its employees, servants or agents. Where this is done it is undertaken solely as a courtesy to buyers and at the discretion of the Auctioneer. Under no circumstances shall the Auctioneer, its employees, servants or agents be liable for damage of any kind and howsoever caused to glass or frames 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.
Representations in Catalogue
All statements in the catalogue or advertisements are statements of opinion and are not to be relied upon as statements of fact. Descriptions or illustrations in the catalogue or advertisements are solely for guidance and are not to be relied upon for accuracy. Intending purchasers must satisfy themselves by inspection or otherwise as to the condition or authenticity of any lot. Furthermore, intending purchasers must satisfy themselves as to whether or not any lot has been repaired or restored.
The auctioneers are not responsible for the correctness of any statement as to origin, date, age, attribution, genuineness or provenance of any lot.
The auctioneers are not responsible for any defects in any lot.
Condition reports will be available by request.
Non-Payment or Failure to Collect Purchased Lots
If a buyer fails to pay for and/or collect any purchased Lot by the dates herein specified for payment and collection the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the buyer:
(a) To issue court proceedings for damages for breach of contract
(b) To rescind the sale of that Lot or any other Lots sold to the buyer whether at that or at any other auction
(c) To resell the Lot or cause it to be resold whether by public auction or private sale. In the event that there is a deficiency between the Total Amount Due by the buyer and the amount received by the Auctioneer on such resale after deduction of any necessary expenses the difference shall be paid to the Auctioneer by the buyer. Any surplus arising shall belong to the seller
(d) To store (whether at the Auctioneer’s premises or elsewhere) and insure the purchased Lot at the expense of the buyer
(e) To charge interest on the Total Amount Due at the rate of 2% per month over and above the base rate from time to time of Allied Irish Bank or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which payment is due hereunder to the date of actual payment
(f) To retain that Lot or any other Lot purchased by the buyer whether at the same or any other auction and release same to the buyer only after payment to the Auctioneer of the Total Amount Due
(g) To apply any sums which the Auctioneer received in respect of Lots being sold by the buyer towards settlement of the Total Amount Due
(h) To exercise a lien on any property of the buyer in the possession of the Auctioneer or whatever reason
The auctioneers to be the sole judges in any dispute that may arise during the sale.
