Morgan O'Driscoll Irish & International Art Auction 21st October 2019

I rish & I nternational A rt M onday 21 st O ctober 2019 at 6.00 pm 175 91 e) f) g) h) 10a) b) c) d) 11a) b) 12a) 12b) N.B. 1) 2) 3) 4a) b) 5) 6) To charge interest on the Purchase Price at the rate of 2 per cent per month above the Allied Irish Bank base rate to the extent that it remains unpaid for more than 1 day after the sale. To retain that or any other Lot sold to the Buyer at the same or any other Auction and release the item only after payment of the Purchase Price. To apply any proceeds of sale of any Lot then due or at any time thereafter becoming due to the Buyer toward settlement of the Purchase Price and Expenses, and The Auctioneer shall be entitled to a lien on any property of the Buyer which is in The Auctioneer’s possession for any purpose. To apply any payment by the Buyer to The Auctioneer towards any sums owing from the Buyer to The Auctioneer or to any associated company of The Auctioneer without regard to any direction of the Buyer or his agent, whether express or implied. Subject to the obligations accepted by the Auctioneer under this condition, none of the Seller, The Auctioneer, their employees or agents is responsible for the correctness of any statement as to the authorship, origin, age, date, size, medium, attribution, genuineness or provenance of any Lot, for any other errors of description or for any faults or defects in any Lot and no warranty whatsoever is given by the Seller, The Auctioneer, their employees or agents in respect of any Lot and an express or implied conditions or warranties are hereby excluded. If, within five days of the date of the Auction: i) The Auctioneer has received in notice from the Buyer of any Lot that in his view the Lot is a forgery. ii) Within fourteen days of such notice, The Auctioneer has the Lot in his possession in the same condition as at the date of the Auction. iii) Within a reasonable time thereafter, the Buyer satisfies The Auctioneer that the Lot is a forgery and that the Buyer is able to transfer a good and marketable title to the Lot free from any liens or encumbrances. The Auctioneer will set aside the sale and refund to the Buyer any amount paid by the Buyer in respect of the Lot provided that the Buyer shall have no rights under this condition if. iv) The catalogue descriptions at the date of the Auction was in accordance with the then generally accepted opinion of scholars or experts or fairly indicated there to be a conflict of such opinions. v) It can be established that the Lot is a forgery only by means of a scientific process not generally accepted for use until after the publication of the catalogue or by means of a process which at the date of the Auction was unreasonably expensive or impractical or likely to have caused damage to the Lot. The Buyer shall not be entitled to claim under this Condition for more than the amount paid by him for the Lot and in particular shall have no claim for any loss, consequential loss or damage whether direct or indirect suffered by him. The benefit of this guarantee shall not be assignable and shall rest solely and exclusively on the Buyer who shall be the person to whom the original invoice was made out by The Auctioneer in respect of the Lot when sold and who has since the sale retained uninterrupted, unencumbered ownership thereof. Prospective buyers are advised to attend at the Auction. The Auctioneers will, however, if so instructed, execute bids provided in writing in advance of the Auction or bids by telephone (at The Auctioneer’s discretion) on their behalf, but neither The Auctioneer nor his employees nor agents shall be liable for any neglect or default in so doing or for failure to do so. In the event that The Auctioneer has received commission bids in a Lot for identical amounts and at the Auction those commission bids are the highest bids for that Lot, the Lot shall be knocked down to the person whose commission bid (for the relevant amount) was received first. 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 photo- graphs 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 good as defined in the Finance Act 1995. All purchases have to be paid for by Irish Draft in Euros. All other currencies will be subjected to Irish Bank Charges. ARTIST’S RESALE RIGHTS (“DROIT DE SUITE”) The seller agrees to pay Morgan O’Driscoll’s an amount equal to the resale royalty. Resale royalty applies to both a living artist and the estate of an artist for a period of 70 years after their death where the Hammer Price is 3,000 Euro or more and the amount cannot be more than 12,500 Euro per lot. The amount is calculated as follows: GENERAL CONDITIONS “The Auctioneer” Morgan O’Driscoll RICS SICS As agent for the Seller is not responsible for any default by the Seller or the Buyer. The Auctioneer shall have the right at his absolute discretion to refuse admission to his premises or attendance at his auctions by any person(s). The Auctioneer shall have the right at his absolute discretion to refuse any bid, to advance the biddings as he may decide, to withdraw or divide any Lot to combine any two or more Lots and in the case of dispute to put up any Lot for auction again. Any indemnity hereunder shall extend to all action, proceedings, costs, claims and demands whatsoever incurred or suffered by the person for whose benefit the indemnity is given. The Auctioneer shall hold any indemnity on trust for his employees and agents where it is expressed to be for their benefit. Any notice given hereunder shall be in writing and if given by post shall be deemed to have been duly received by the addressee in the ordinary course of post. These Conditions of Sale shall be governed by and construed in accordance with Irish Law and all parties concerned hereby submit to the non-exclusive jurisdiction of the Irish Courts. Royalty 4.00% 3.00% 1.00% 0.50% 0.25% For the portion of the Hammer Price (in Euro) up to 50,000 between 50,000.01 and 200,000 between 200,000.01 and 350,000 between 350,000.01 and 500,000 in excess of 500,000 C ONDITIONS OF S ALE