These terms and conditions apply to You and You will be bound by them if You bid by telephone
means O’Donnellan & Joyce’s auctioneer having conduct of the Auction
means the person, firm or company identified in Section Two of the Registration Form who agrees to buy the Lot and who is intended to be the owner of the Lot
means the person selling the Lot
You (and Your)
means the person identified in Section One of the Registration Form (whether or not the Purchaser), being someone who bids by remote means at the Auction by telephone
mean he ODonnellan & Joce acion o be held at the time and place and on the date advertised in the Auction catalogue in which the Lot appears
has the same meaning as in the Law Society General Conditions of Sale (2009 edition)
Conditions of Sale
means the Auction Conduct Conditions contained in Part Two of he Acionee Noice pined towards the front of the Auction catalogue together with the General Conditions of Sale and any Special Conditions of Sale and any Special Conditions of Sale and any addenda that are applicable and/or relevant to the Lot
Maximum Bid Price
means the maximum price that You wish to bid for the Lot. This must be shown exclusive of any VAT that might be applicable
O’Donnellan & Joyce
mean ODonnellan & Joce Acionee Limited, having its registered office at 4/5 Mary Street, Galway
means the property described in section 1 above for which you propose to bid by way of telephone bid
means the registration form for proxy, telephone and internet bidding printed overleaf and also aailable o donload fom he Acionee website at www.odonnjoyce.com
means Value Added Tax or any other tax of a similar nature
- 1.1 If you wish to bid at the Auction by proxy, You should complete the Registration Form, entering Your full details in Section One and full details of the intended Purchaser in Section Two
- 1.2 You should sign the registration form where indicated. If the form is not properly signed and completed in all respects, no bid will be accepted from you.
- 1.3 In the event that Your bid is successful, the details appearing in Section Two of the Registration Form will be entered on the Contract for Sale for the Lot. Changes to these details may not be made without the Vendor’s prior consent for which the Vendor might make a charge. References to ‘nominee’ or ‘associates’ or similar are unacceptable.
- a)two copy forms of identification for You as bidder, consisting of firstly a form of photo identification such as Your passport or current driving licence and secondly proof of Your address such as a recent utility bill or bank statement
- b)a cheque or banker’s draft in respect of the appropriate deposit should be delivered to O’Donnellan & Joyce Auctioneers, Mary Street, Galway for the attention of Miriam Keane by hand or by post so that it is received not less than 48 hours prior to the date of the Auction. Please note that Your copy of identification documents will be retained by the Auctioneers for the Auctioneers’ records in order to comply with their bidder identification procedures
- 1.4 No changes can be made to the registration form where indicated. If the form is not properly signed and completed in all respects, no bid will be accepted from you.
- 1.5 In the event that there is any error or confusion in either the Registration Form or the accompanying deposit or in Your instructions, the Auctioneers reserve the right not to accept Your bid. Please note that the Auctioneers’ decision as to what constitutes error or confusion is final
- 1.6 Bids are accepted or rejected at the discretion of the auctioneer
- 2.1 The Registration Form should be returned together with a valid cheque or bankers’ draft drawn on an Irish Bank with clearing facilities for a sum representing the greater of:
- a) the minimum deposit of 10% of the AMV of the property, as outlined on the property brochure and as advised by agents
- 2.2 If you are handling a blank cheque, this agreement hereby authorises a representative of O’Donnellan & Joyce to fill in the appropriate details on same representing 10% of the sale price (subject to a minimum of 10% of the AMV)
- 2.3 If You successfully bid for the Lot and the purchase price for the Lot is less than Your Maximum Bid Price, then any excess of the deposit you have provided may be treated as additional deposit in respect of the Lot to be held according to the Conditions of Sale pending completion of the sale and purchase of the Lot and, in this event, You authorise the Auctioneer to retain the excess amount for this purpose
- 2.4 In the event that Your bid for the Lot is unsuccessful (including where the Lot has been withdrawn or sold prior to the Auction), then the Auctioneers may destroy any cheque that You have provided by way of deposit and, for the avoidance of doubt, the Auctioneers shall now be obliged to return any such cheque to You. However, any banker’s draft that you provide by way of deposit will, in these circumstances, be returned to You
- 2.5 The Auctioneers shall not be obliged to account to You for any interest accruing on any deposit that You provide in respect of any remote bid
3. Terms of Sale/Conduct of the Auction
- 3.1 If your bid is successful, You will purchase subject to and will become bound by the Conditions of Sale which You will be considered to have inspected and to be fully aware of prior to the Auction
- 3.2 Amendements or additions may be made to the conditions of sale prior to the auction. O’Donnellan & Joyce cannot accept responsibility for advising any telephone bidder or any such changes, additions or amendments to the conditions of sale
- 3.3 If Your bid is successful, the Auctioneer or any person authorised by the Auctioneer will sign the Contract for Sale or a sale contract relating to the property on your behalf. Your signature on this agreement shall be taken as authority authorising the Auctioneer or person authorized by the Auctioneer to so sign
- 3.4 The amount of Your Maximum Bid Price for the Lot will not be disclosed by the Auctioneer to the Vendor without Your prior consent
- 3.5 If, after registering Your remote bid, You wish to bid for the Lot in person (including through an agent appointed by You who attends the Auction on Your behalf), You must notify such intention in writing to the Auctioneer prior to the Lot being offered for sale. In this event, You accept and agree that the Auctioneer will not then make any bids on your behalf
- You need to accept that the best way of bidding at an auction is to attend in person or arrange for an Agent to bid on your behalf. O’Donnellan & Joyce recommend your personal attendance. O’Donnellan & Joyce are offering a proxy bidding basis to facilitate you to accept no responsibility for any problems that may arise as a result of:-
- Omissions from this registration form.
- Confusion as a result of any clear writing on the registration form. The Auctioneer’s decision in respect of same is binding.
- Any changes in the date, time or venue for the auction.
- Any withdrawal from the auction.
- Any re-arrangement of the order of sale of property at the auction.
- Any telecommunication or technical problems with the telephone line whether same relates to lack of connection, bad connection or any other technical or telecommunication failures or problems.
- Any issues beyond the Auctioneers control.
- We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis we will not be liable to you if for any reason our website is unavailable at any time or any period.
- You are responsible for making all arrangements necessary for you to have access to our website.
- We will not be liable to you for any loss or damage, whether in contract, tort(including Negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with
- Use of, or inability to use, our website (including any inability to place bids or otherwise participate in any online auction): or
- Use of or reliance on any content displayed on our website (including information relating to lots offered for sale in any online auction).
- Loss or corruption of any documents, data or other information you upload or otherwise provide via the website you should ensure that you keep your own copies of any such documents, data or other information
- We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it. Or on any website linked to it.
- We cannot guarantee that our website will be secure or free from bugs or viruses.
In relation to the foregoing matters, O’Donnellan & Joyce, their employees or agents shall not be responsible in any manner whatsoever as a result of your failure to succeed in purchasing the property, and shall not be liable for any loss incurred by you, howsoever incurred
Account Name: O Donnellan & Joyce Auctioneers Ltd.
Branch: 18 Eyre Square, Galway
Account Number: 27385693
Sort Code: 93 72 23
IBAN: IE22AIBK 937223 27385693