NOT SOLD (BIDDING OVER)
0.00EUR+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2005 Nov 29 @ 18:00UTC+00:00 : GMT
Joseph Malachy Kavanagh RHA (1836-1918) BETWEEN THE AUTUMN AND THE SPRING signed and dated [1905] lower right; original inscribed label on reverse oil on canvas 91 by 71cm., 36 by 28in. Provenance: Gorry Gallery, Dublin; Whence purchased by the present owner in 1987 Exhibited: Belfast Art Society, 1905, catalogue no. 171 (£30-0-0); RHA, Dublin, 1906, catalogue no. 14 (£30-0-0); ’Exhibition of 18th, 19th and 20th century Irish Paintings’, Gorry Gallery, Dublin, 16-19 October 1987, catalogue no. 30
Auction Location:
Minverva Suite, RDS, Ballsbridge (beside Main Hall, Merrion Road), Dublin, Ireland
Previewing Details:
Exhibition: Saturday and Sunday November 26 and 27, 10am to 6pm; Monday November 28, 10am to 9pm; Tuesday, November 29 (day of sale) 10am to 2pm. NO VIEWING AFTER 2pm ON DAY OF SALE.
See terms and conditions
Buyer's Premiums:
| From (Incl.) | To (Excl.) | Premium |
| 0.00 |
999.00 |
15% |
| 1,000.00 |
9,999.00 |
15% |
| 10,000.00 |
Infinite |
10% |
Additional Fees:
Shipping Details:
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Payment Details:
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Accepted Payment Methods:
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Whyte & Sons Auctioneers Limited, trading as Whyte's, hereinafter called "the auctioneer" exercises all reasonable care to ensure that all descriptions are reliable and accurate, and that each item is genuine unless the contrary is indicated. 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.
<p>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
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(c) Where an agent purchases on behalf of an undisclosed client such agent shall be personally liable for payment of the purchase money to the auctioneer and for safe delivery of the lot to the said client.
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(b) The auctioneer reserves the rights, before or during a sale, to group together lots belonging to the same vendor, to split up and to withdraw any lot or lots at the auctioneer's absolute discretion and without giving any reason in any case.
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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. (b) If any purchaser fails to pay in full for any lot within 21 days of the date of sale such lot may at any time thereafter at the auctioneer's discretion be put up for sale by auction again or sold privately; 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 the expenses of re-sale which shall become debt due from him. (c) Interest at 2 per cent per month and legal costs (if any) for recovery of monies due shall be payable by the purchaser on any overdue account.
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(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. NOTE: The onus of proving a lot to be a deliberate forgery is on the purchaser.
(d) Where a lot has been submitted to expertisation, all costs of such expertisation shall be paid by the person who retains the certificate of expertisation and item or items to which the certificate relates.
(e) Where the purchaser of a lot discharges the onus and acts in accordance with sub-clause (b) of this clause, the auctioneer shall rescind the sale and repay to the purchaser the purchase money paid by him in respect of the lot.
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(g) Any lot listed as a "collection, range, portfolio etc." or stated to comprise or contain a collection or range of items which are not described shall be put up for sale not subject to rejection and shall be taken by the purchaser with all (if any) faults, lack of genuineness and errors of description and numbers of items in the lot, and the purchaser shall have no right to reject the lot; except that, notwithstanding the foregoing provisions of this sub-clause, where before a sale a person intending to bid at the sale gives notice in writing to, and satisfies the auctioneer that any such lot contains any item or items undescribed in the sale catalogue and that person specifically describes that item or those items in that notice, then that item or those items shall, as between the auctioneer and that person, to be taken to form part of the description of the lot. 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.
<p>SPECIAL CONDITIONS
(a) The buyer shall pay the Auctioneer a commission at the rate of 15% (which includes VAT at 21% under The Margin Scheme and which is not reclaimable) of the purchase price of the first €40,000 of any one lot and 12.5% (which includes VAT at 21% under The Margin Scheme and which is not reclaimable) of the excess above €40,000.
(b) The Auctioneer or its employees, servants or agents may, on request organise packing and shipping of lots purchased or may order on the buyer's behalf third parties to pack or ship purchases. Under no circumstances does the Auctioneer accept any liability whatsoever for any loss or damage howsoever occasioned in the course of such service.
(c) The buyer authorises the Auctioneer to use any photographs or illustrations of any lot purchased for any or all purposes as the Auctioneer may require. The placing of a bid will be taken as full agreement to all the above conditions.
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WHYTE & SONS AUCTIONEERS LIMITED 38 Molesworth Street, Dublin 2