Online Terms & Conditions
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 and the full list of Terms and Conditions on our website https://www.morganodriscoll.com/terms-and-conditions/ . If you do not accept these terms and conditions, please do not use this website.
Auctioneer Acting as Agent
Please read these Terms and Conditions carefully. By using this website, you indicate your acceptance of these Terms and Conditions and the full list of Terms and Conditions on our website https://www.morganodriscoll.com/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.
- 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
- All lots are available to view prior to Online auctions on designated times or by appointment. Full details given with each individual auction.
- 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.
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. Notwithstanding this, the Auctioneer may, in its sole discretion, require a buyer to pay a deposit of 25% of the Total Amount Due at the conclusion of the auction.
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 by, draft in Euro or by the bidder's own cheque drawn on an Irish bank account vouched to the satisfaction of the Auctioneer. Cheques drawn by third parties, whether in the Auctioneer's favour or requiring endorsement, shall not be accepted. We also accept payment by credit card, Visa & MasterCard. 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. www.morganodriscoll.comStatement of obligations on the Auctioneer pursuant to section 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
The Auctioneer is obliged under sections 42 and 43 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 to report to An Garda Síochána and the Revenue Commissioners suspicious transactions and transactions involving places designated under section 32 of that Act. The maximum cash accepted per transaction is €3,000. For any cash payments in excess of €500, a PSRA cash origin form will have to completed.
- 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. Notwithstanding this, the Auctioneer may, in its sole discretion, require a buyer to pay a deposit of 25% of the Total Amount Due at the conclusion of the auction.
- 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 our customers and we are not responsible for any loss or damage and it is at the sole discretion of the Auctioneer. Under no circumstances shall the Auctioneer, its employees, servants or agents be liable for damage of any kind and whatsoever, 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. If you wish to have an item delivered to your home or office within the 32 counties of Ireland this can be arranged with a local courier. (We do this as a courtesy to our customers and are not responsible for any loss or damage caused during delivery). Please contact our office to agree charges and timings.
- 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.
- 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.