De la force du Gouvernement actuel de la France et de la nécessité de sy rallier (French Edition)
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Absentee bids must be received by 4pm on Friday 19 October. However, the descriptions are not intended to be, are not and are not to be taken to be, statements of fact or representations of fact in relation to the lot. They are statements of the opinion of the auctioneers, and attention is particularly drawn to clause 5 set out below.
Comments and opinions, which may be found in or on lots as labels, notes, lists, catalogue prices, or any other means of expression, do not constitute part of lot descriptions and are not to be taken as such unless they are made or specifically verified by the auctioneers.
The A Constant Force
Clause 1 a Each lot is put up subject to any reserve price imposed by the vendor b Subject to sub-clause a of this clause, the highest bidder for each lot shall be the purchaser thereof c If any dispute arises as to the highest bidder the auctioneer shall have absolute discretion to determine the dispute and may put up again and re-sell the lot in respect of which the dispute arises. Clause 2 a The bidding and advances shall be regulated by and at the absolute discretion of the auctioneer and he shall have the right to refuse any bid or bids.
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Where an agent bids, even on behalf of a disclosed client, the auctioneer nevertheless has the right at his discretion to refuse any such bid. If the purchaser of any lot fails to comply with any such requirement the auctioneer may put up again and re-sell the lot; if upon such re-sale a lower price is obtained than was obtained on the first sale the purchaser in default on the first sale shall make good the difference in price and expenses of re-sale which shall become a debt due from him. Clause 3 a The auctioneer reserves the rights to bid on behalf of clients including vendors, but shall not be liable for errors or omissions in executing instructions to bid.
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Clause 4 a Each lot shall be at the purchaser's risk from the fall of the hammer and shall be paid for in full before delivery and taken away at his expense within one day of the sale. The buyer will be responsible for all removal, storage and insurance charges in respect of any lot which has not been collected within one day of the date of sale.
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Clause 5 a All lots are made available for inspection before each sale and each buyer, by making a bid, acknowledges that he has 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. Written or verbal condition reports may be supplied by the Auctioneer on request but these are merely statements of opinion, and any error or omission in these reports may not be taken as grounds for a cancellation of sale or refund of any part of the purchase price or the cost of any repairs to the lot or lots reported on c A purchaser shall be at liberty to reject any lot if he - i gives the auctioneer written notice of intention to question the genuineness of the lot within seven days from the date of sale; AND ii proves that the lot is a deliberate forgery and iii returns to the auctioneer within 20 days from the date of sale the lot in the same condition as it was at the time of sale; provided that the auctioneer may, at his discretion, on receiving a request in writing from the purchaser, extend for a reasonable period the time for return of the lot to enable it to be submitted to expertisation.
The onus of proving a lot to be a deliberate forgery is on the purchaser. Clause 6 The respective rights and obligations of the parties shall be governed and interpreted by Irish law, and the buyer hereby submits to the exclusive jurisdiction of the Irish Courts. Under no circumstances does the Auctioneer accept any liability whatsoever for any loss or damage howsoever occasioned in the course of such service. The placing of a bid will be taken as full agreement to all the above conditions.