Tony O'MALLEY (1913-2003)
Acrylic on hardboard collage
Inscribed 'To Terry with love from Tony Nov 1969' to verso
73 x 37cm (size including integral backboard)
Purchased - David Lay Auctions March 2003
Estimated at £5,000 - £10,000
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Whilst the Auctioneer makes every effort to ensure accuracy and the description of any lot: (a) Each lot is as set out in the catalogue or as divided or combined with any other lot or lots, is sold by the vendor with all faults, imperfections and errors of description. (b) The Auctioneers do not accept responsibility for the authenticity, attribution, date, condition or quality of any lot unless they have been instructed in writing by the vendor to so certify. (c) All statements whether printed in the catalogue or made orally as to any of the matters set out in (b) above are statements of opinion only and are not to be taken as being or implying any warranties or representation of fact by the Auctioneers unless they have been instructed by the vendor to so certify.
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The Auctioneer reserves the right to store or arrange goods delivered to him for sale either on his own premises or elsewhere at his sole discretion. He exempts himself from any liability for loss or damage to goods delivered to his salerooms without sufficient sale instructions and reserves the right to make a storage charge for such goods (unless the loss or damage is caused by the negligence of his employees).
Right to Sell
Vendors will be charged for goods left on the premises if the vendor has been requested to remove them and if the goods are not removed within twenty-one days of such request the Auctioneer reserves the right to sell the goods to defray costs and storage charges.
(a) Unless otherwise instructed in writing all goods on the Auctioneers premises and in his custody will be held insured for which insurance the Auctioneer will charge a premium of 1.5% +VAT. The Auctioneer has an insurance policy that covers lots in his care, custody or control. The vendor and the buyer agree to be bound by the terms and conditions of that policy. The policy document is available for inspection at our office. (b) The Auctioneer shall not be responsible for damage to or loss, theft or destruction of any goods not so insured upon the owner's written instructions.
(a) All goods are put up for sale WITHOUT RESERVE unless written instructions are received by the Auctioneer prior to the commencement of the auction. (b) In the event of any reserve price not being reached at auction, the Auctioneer is empowered to sell after the auction, by private treaty, at not less than the reserve price. (c) The Auctioneer may charge up to 28% of the lowest estimate should any lot be withdrawn from the auction or fail to reach its reserve.
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Value Added Tax
A vendor who sells by auction any chattel(s) which is a asset of their business must disclose to the Auctioneer whether or not they are registered for Value Added Tax purposes and if so their registered number and whether they intend to operate the special scheme covering works of art etc. This information must be supplied to the Auctioneer on or prior to delivery of the goods.
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Property and Risk
The property in a lot shall not pass to the buyer until they have paid the purchase price in full, but each lot is at the sole risk of the purchaser from the fall of the hammer. Each purchaser shall forthwith give his full names and permanent address, and if called upon to do so by the Auctioneer shall forthwith pay to the Auctioneer such proportion of the purchase price as the Auctioneer my require. If the purchaser fails to do so, the lot may, at the Auctioneers sole discretion be put up again and re-sold.
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(b) If any buyer fails to comply with any of the above Conditions the damage recoverable from the defaulter shall include all loss arising from any re-sale of the lot, together with the charge and expenses in respect of both sales and any money deposited in part payment shall be held by the Auctioneer against the defaulter's liability and may be appropriated in settlement of that liability.
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Artist's Resale Rights
This levy is to be charged to the purchaser. In bidding, you accept that you will be charged in accordance with the terms of the Act. An artwork must sell for more than €1,000 to qualify for the levy. The law defines the price threshold in Euros and, because the exchange rate between the two currencies changes daily, the equivalent in Pounds Sterling is worked out according to the exchange rate on the date the artwork is sold. The threshold for the day will be announced at the beginning of the sale. The levy is 4% on up to 50,000 euros, 3% from 50,000-200,000 euros, 1% from 200,000-350,000 euros, 0.5% from 350,000-500,000 euros and n0.25% on a hammer price exceeding 500,000 euros. There is a cap of 12,500 euros payable on any one work. Please note: this scale is cumulative, which means that where the sale price is higher than the first threshold, the royalty on each portion of the price must be calculated accordingly and added together to arrive at the final sum. For example, take an artwork that sells for €210,000. The first €50,000 would achieve 4% (€2,000), the next 150,000 would achieve 3% (€4,500), and the final €10,000 would achieve 1% (€100). The total royalties due would be €6,600.
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