Terms & Conditions Selling
Terms & Conditions for Sellers
1. Auctioneer's Discretion
With regard to to the sale of lots, the auctioneer has sole discretion to decide:
- whether or not to offer any lot.
- whether or not a lot is suitable for sale by auction at Mealy's.
- the type of sale the lot will be included in, e.g. Fine & Decorative Art Sales, Specialised Sales, Interiors & Clearance Sales, etc.
- the decription of any lot (*except in cases where the seller is an expert).
- whether an expert opinion is required in relation to a lot.
- whether relevant lots are to be submitted for examination by an expert.
- whether or not an illustration of the lot shall be included in the catalouge.
2. Seller's Warranty
The seller warrants to Mealy's and to the relevant buyer that he is the true owner of the lot and can transfer good and marketable title to the lot free from any third party claims or other encumbrances. Alternatively, the seller can warrant that he/she is legally authorised to sell the lot on behalf of the true owner. As regards lots not held by the auctioneer on its premises or under its control, the seller warrants and undertakes to both Mealy's and the buyer that the lot will be available and in a deliverable state on demand by the auctioneer or buyer. The seller shall indemnify Mealy's and the buyer and their respective employees or agent against any loss or damage suffered as a result of any breach by the seller of the above warranty. In the case of sellers with expert knowledge, the seller warrants to Mealy's that the description provided of lots is their expert opinion of the age, material, condition, history or provenance, etc.
3. Commissions & Charges
Mealy's operates a sliding scale of commission rates based on combined annual sales of property, frequency of consignments, and value of lots consigned. The consignor may be subject to additional charges for marketing, restoration, shipping, handling and other services. A standard commission of 20%,(vat inclusive), is levied on all lots sold in Fine & Decorative Art sales, unless otherwise agreed. A standard commission of 25% + VAT is levied on all lots sold in Interiors & Clearance sales. Alternative rates are available for trade sellers & non-profit institutions. A minimum handling charge is applied of €30 per auction account.
Professional print catalogue illustrations are not included in the standard commission. Professional Illustrations in print catalogues are taken and included in print production at the auctioneer's discretion. The following rates typcially apply.
Cover/Full Page : €400
3/4 page : €300
1/2 page : €200
In-House images of all lots, or part thereof, are taken at the auctioneer's discretion to assist those who cannot view the auction. Mealy's charge no fee for this service and accept no responsibility for the quality or accuracy of such images. The seller authorises the auctioneer to photograph and illustrate any lot consigned for sale and further authorises Mealy's to use such photogaphs and illustrations at any time in its absolute discretion.
Mealy's can arrange for collection and delivery of goods via our in-house transport department. Such collection/delivery agreements are negotiated seperately from the seller's agreement. Mealy's reserve the right to withold auction proceeds to settle unpaid transport invoices
The reserve is the minimum hammer price at which the lot may be sold the auctioneer. A reserve, once placed, may only be changed with the consent of the auctioneer. All lots consigned to Mealy's are offered for sale without reserve, unless clear instructions have been given to Mealy's prior to the publication of the catalogue. Reserve prices cannot exceed the agreed lower estimate and must be supported in writing. Lots unsold due to failure to reach the reserve price incur an additional fee of 5% of the bought in bid, or €30 per lot, whichever is greater. Reserves are not accepted on items with pre-sale estimates less than €200. Mealy's may, at their sole discretion, sell a lot at a hammer price below the reserve, but in such cases, the proceeds of sale due to which the seller (after commissions and additional charges) shall be entitled shall be the same as they would have been should the item(s) have sold for the reserve hammer price.
8. Charges for withdrawn lots
A lot can be withdrawn at the seller's discretion at any time prior to the public viewing. Lots withdrawn from the sale before proofing/publication of the catalogue will be subject to fees payable at 5% including VAT of the Auctioneer's middle estimate of the lot withdrawn, and any expenses incurred by the Auctioneer in relation to that lot. If lots are withdrawn after proofing of publication of the catalogue, they will be subject to a commission of 10% including VAT of the auctioneer's middle estimate together with an additional expenses incurred by Mealy's in. promoting the lot. All commissions and expenses hereunder must be paid for before the withdrawn lot of lots may be removed.
9. Unsold lots
Where a lot or lots fail to sell at auction, Mealy's shall notify the seller accordingly and the vendor shall arrange for collection of the lot(s) within 30 days. Lots not collected within this timeframe shall be subject to a minimum removal charge of €10, minimum storage charges of €2 per day, insurance charges and any other related charges, in the absence of any agreement to the contrary. Lots not collected in such circumstances may be sold in subsequent auctions or private sales at Mealy's sole discretion to settle such removal, storage and insurance charges. The vendor may have the option to reoffer the item in subsequent fine & decorative art sales, or at interiors or clearance sales, subject to the terms & conditions of such sales. If lots have not been collected, the seller gives implied authorisation to Mealy's to reoffer lots unsold at auction in subsequent auctions. Estimates on unsold lots will be adjusted at the sole discretion of Mealy's when being reoffered. The seller also authorises Mealy's to sell any lot unsold at auction by private treaty sale at the reserve hammer price for as long as the item(s) remains with Mealy's. Any deficit arising shall be due from the seller to the auctioneer. Lots returned at the seller's request will not be insured in transit unless an agreement has been negotiated in relation to such delivery.
10. Payment of proceeds of sale
Mealy's shall remit the proceeds of sale to the vendor not later than 30 working days after the date of the auction, assuming Mealy's has received payment from the buyer. If by that date Mealy's has not received the total amont due from the purchaser(s), Mealy's shall remit the proceeds of sale within 7 working days after the date on which the total amount due is received from the purchaser(s). In cases where Mealy's has not received proceeds of sale from the purchaser within 14 days after the date of the auction, Mealy's shall endeavour to notify the seller and take the seller's instructions on the preferred course of action to be taken, and to the extent that it is in Mealy's opinion feasible, shall endeavour to assist the seller to recover the total amount due from the buyer in Mealy's own name. If circumstances do not permit the auctioneer to take instructions from the seller or, if after notifying the seller, it does not receive instructions within seven days, Mealy's reserve the right, and is hereby authorised by the seller at the seller's expense, to agree special terms for payments of the total amount due, to remove, store and insure the lot sold, to settle claims made by or against the buyer on such terms as Mealy's shall in its sole discretion see fit, to take such steps as are necessary to collect monies due by the buyer to the seller, and if necessary, to rescind the sale and refund money to the buyer. If for any reason the vendor receives payment in advance of the full proceeds being received by Mealy's from the purchaser, full title in the good(s) passes to Mealy's. Proceeds of sale shall be paid in Euro, unless otherwise agreed. If Mealy's and the seller have agreed for the proceeds of sale to be paid in a currency other than Euro, the amount shall be calculated at the rate of exchange quoted to Mealy's by its bankers on the date of payment. All such payment instructions must be made in writing.
If the buyer can prove to the satisfaction of Mealy's that a lot purchased is a forgery, prior to the payment of proceeds of sale to the seller, Mealy's reserve the right to rescind the sale and refund to the buyer any amount paid to Mealy's in relation to the lot.
The terms and subject matter of this agreement, any additional or alternative terms negotiated, and all correspondence and communications relating thereto, will be kept in the strictest confidence and subject to the ethical requirements of Mealy's professional governing bodies, namely RICS & SCSI.