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Katalog 390 | Modern

Conditions of Sale V1. Auction V1.1 VAN HAM Kunstauktionen GmbH & Co. KG (hereinafter referred to as VAN HAM) sells in a public auction pursuant to §§ 474 (1) Sent. 2, 383 (3) Sent. 1 of the German Civil Code (BGB), acting as a commissioner on its own behalf and for the account of the Consignors who remain unnamed. V1.2 Prior to auction the items consigned to be auctioned may be inspected and examined. Here the potential buyers will be liable for any damages to the exhibited objects caused by them. V2. Condition, Representations and Warranties V2.1 The items that are up for auction and available for examination and viewing during the advance viewing are, without exception, used items. These items are in a state of preservation that is consistent with their age and provenance. Objections to the state of preservation shall only be indicated in the catalogue if VAN HAM believes that they significantly affect the overall visual impression of the item. The absence of information on the state of preservation has thus no effect of declaration and does, in particular, not establish any warranty or quality agreement as defined by the sale of goods laws. Potential buyers may request a condition report for every item prior to the auction. Such a report, be it verbal or in writing, shall not contain any diverging individual agreement, and shall express VAN HAM’s subjective assessment only. The information contained in the condition report shall be provided to the best of VAN HAM’s knowledge and belief. It shall not constitute any warranty or quality agreement and shall serve the purpose of providing non-binding information only. The same applies to general information of any kind, be it verbal or in writing. The actual state of preservation of the item at the time the relevant bid is accepted shall, in all events, be its agreed condition as defined by statutory regulations (§§ 434 et seq. German Civil Code (BGB)). The item is sold in its actual condition at the time of the auction. V2.2 Any information contained in the catalogue is based on available data published at the time of publication of the catalogue or other generally available scientific insights. If an additional internet catalogue is prepared, the information in the printed version shall nevertheless prevail; the internet catalogue shall only prevail in the event that no printed catalogue exists or the items are auctioned by a so-called silent auction. VAN HAM reserves the right to correct catalogue information on the items that are to be auctioned. Said corrections shall be made by written notice at the auction site and/or announced by the auctioneer immediately before the specific item is to be auctioned. The corrected information shall replace the description in the catalogue. V2.3 Irrespective of the provisions of Clause V2.1, only the catalogue information regarding the authorship of the item shall form part of the condition agreed with the buyer. VAN HAM does not provide any special warranties that may establish any additional rights (§§ 443, 477 German Civil Code (BGB)). No characteristics other than authorship of the item shall be contractually agreed, even if the item is presented for advertising purposes. The catalogue thus contains only information and descriptions without agreeing on the condition of the item. The same applies to reproductions contained in the catalogue. The purpose of said reproductions is to give potential buyers an idea of the item; they form neither part of the quality agreement nor do they warrant the condition of the item. During the auction procedure only the respective items are sold but not the frames, mounts and picture glass. VAN HAM assumes no liability for parts that are not part of the auctioned item. V2.4 VAN HAM expressly excludes any liability for potential defects, provided that VAN HAM has complied with its duties of care. The liability for injury to life, body or health remains unaffected. V2.5 However, if the buyer is able to prove, within one year from handing over of the item, that catalogue information regarding authorship of the item was incorrect and did not correspond to the generally accepted expert opinion at the date of publication, VAN HAM undertakes to assert its rights vis-à-vis the Consignor, irrespective of Clause V2.4. Where successful recourse is taken against the Consignor, VAN HAM shall reimburse the buyer for up to a maximum of the full purchase price which the consignor has achieved. VAN HAM additionally undertakes to return its commission in full within a period of one year, if the item proves not to be authentic. This is subject to there being no third party claims to the item, and the item being returned to the VAN HAM head office in Cologne in an unaltered state. Inaccuracy shall be considered to have been proven if an internationally recognised expert on the author listed in the catalogue refuses to have the item included in the catalogue of works (Catalogue Raisonné) prepared by the expert, among others. V2.6 Claims for damages against VAN HAM based on legal and material defects and on other legal grounds (including compensation for futile expenses, lost proceeds or costs of expert opinions) shall be excluded, unless they are based on VAN HAM acting intentionally or grossly negligently, or on VAN HAM breaching material contractual duties. V2.7 VAN HAM shall not be liable for damages (including compensation of futile expenses, lost proceeds or costs of expert opinions) in case of simple negligence of itself or its bodies, legal representatives, employees or other vicarious agents, unless in case of breach of material contractual duties. Material contractual duties shall be (i) the duty of handing over the item in its condition at the time of the auction upon receipt of the full sales price, (ii) providing information regarding the authorship of the item, as well as (iii) the duties of advice, protection and care which serve the purpose of protecting life and body of the buyer or its personnel. In case of a simply negligent breach of material contractual duties, the liability of VAN HAM shall be limited to the compensation of any damage typical and predictable for such a contract, per event causing the damage up to a maximum of twice the amount which the buyer had to pay for the item to which the breached contractual duty relates. In particular any liability for indirect damage shall be excluded. V2.8 The aforementioned exclusions and limitations of liability shall apply to the same extent for the benefit of the bodies, legal representatives, employees and other vicarious agents of VAN HAM. V2.9 The limitations of Clauses V2.6 and V2.7 shall not apply to VAN HAM’s liability for intentional acts, for guaranteed qualities, for injury to life, body or health or under the product liability law. V2.10 Any claims against VAN HAM shall come under the statute of limitations, expiring one year after the item awarded by bid has been handed over, provided that they are not based on an intentional violation of rights, or longer periods of limitation are stipulated by statutory law. V3. Conduct of Auctions, Bids V3.1 The estimates stated in the catalogue do not constitute minimum or maximum prices, but shall serve merely as an indication of the market value of the respective items, without any warranty being given as to their accuracy. Information as to the value in currencies other than euros is provided for information purposes only and shall not be binding. Low-value items may be auctioned as group lots outside the catalogue. V3.2 VAN HAM reserves the right to combine, separate, offer out of sequence or withdraw numbered lots during an auction. V3.3 All bids shall be considered as made by the bidder on its own behalf and for its own account. If a bidder intends to bid on behalf of a third party, a respective notification shall be given not later than 24 hours prior to the start of the auction, stating the name and address of the represented party and submitting a written power of attorney. Otherwise the contract of sale shall be made with the bidder when the bid is accepted. V3.4 VAN HAM provides each bidder with a bidder number following presentation of a valid identification document and admission to the auction. Only bids made using this number shall be considered during the auction. V3.5 Bidders previously unknown to VAN HAM need to submit to VAN HAM a written registration accompanied by a valid identification card no later than 24 hours before the start of the auction. VAN HAM reserves the right to request a current bank reference or other references or a cash deposit before admitting bidders to the auction. V3.6 If the Consignor, or a third party instructed by the Consignor, submits a bid on an item consigned by the Consignor, and this bid is accepted, the Consignor’s status shall be equivalent to that of any other bidder. The General Auction Terms therefore apply accordingly to the Consignor making a bid for its own items. V3.7 VAN HAM shall be entitled to place a bid below the limit for the consigned lot on behalf of the Consignor, without being required to disclose such procedure and irrespective of whether or not other bids are placed. V3.8 The initial bid price shall be determined by VAN HAM; bids are generally submitted in Euros at a maximum of 10 % above the previous bid. Bids may be made in person in the auction hall or, in case of absence, in writing, by telephone or over the internet via the online catalogue on VAN HAM’s homepage or via a platform approved by VAN HAM. V3.9 The provisions regarding silent auctions (cf. Clause V10) apply to the catalogue numbers marked in the print catalogue with “+”. V3.10 All offers shall be based on the so-called hammer price and shall be exclusive of the premium, VAT (Umsatzsteuer) and, where applicable, resale right (Folgerecht, droit de suite) and customs charges (Zollumlage). When there are equal bids, irrespective of whether they are submitted in the auction hall, by telephone, in writing or over the internet, a decision shall be made by drawing lots. Written bids or bids submitted via the internet shall only be drawn on by VAN HAM to the extent required to outbid another bid. V3.11 Bids in absence shall be generally permitted if they are received by VAN HAM at least 24 hours prior to the start of the auction and any additional information pursuant to Clause V3.5 has been provided. Bids shall specify the relevant item, along with its catalogue number and catalogue description. In case of doubt, the catalogue number shall be decisive; the bidder shall bear the consequences of any ambiguities. VAN HAM provides the service of processing bids in absence for the convenience of clients free of charge. VAN HAM therefore makes no representations regarding the effectuation or error-free processing of bids. This does not apply where VAN HAM is liable for mistakes made intentionally or through gross negligence. Bids in absence shall be deemed equivalent to bids made in person during the auction when bids are accepted. V3.12 Written bids must be signed by the bidder. In case of written bids, the interested party shall authorise VAN HAM to submit bids on its behalf. V3.13 Telephone bids are possible for estimates of € 500 and above. In this case a telephone operator present in the auction room shall be authorised to submit bids as per the telephone bidder’s instructions. Telephone bids may be recorded by VAN HAM. By applying for telephone bidding, applicants accept that telephone conversations may be recorded. VAN HAM accepts no liability for establishing and maintaining telecommunication connections or for transmission errors. V3.14 To actively participate in an auction via internet a registration and a subsequent activation by VAN HAM is required. Bids made via the internet may be submitted as “pre-bids” prior to the beginning of an auction, as “live bids” during a live web-cast auction, or as “post-bids” after conclusion of the auction in accordance with the following provisions. Bids received by VAN HAM via internet during an auction shall only be considered for the ongoing auction if it is a live web-cast auction. Apart from that, internet bids shall only be admissible if VAN HAM has approved the bidder for internet bidding by providing the bidder with a user name and password. Internet bids shall only be valid bids if they can be unequivocally matched to the bidder by means of the user name and password. Internet bids shall be recorded electronically. The accuracy of the corresponding records shall be accepted by bidders/buyers, who shall nevertheless be free to furnish evidence to the contrary. Live bids shall be considered equivalent to bids made in the auction hall. VAN HAM accepts no liability for establishing technical connections or for transmission errors in case of internet bids. V3.15 Subsequent sales form part of the auction. In the event of post-bids, a contract shall only be made once VAN HAM accepts a bid. V3.16 In case of distance contracts (Fernabsatzverträge), the right of return and rescission shall not apply to written, telephone or internet bids unless the bid was made in a socalled silent auction. Please refer to the cancellation policy (Widerrufsbelehrung) at the end of the present General Auction Terms. V4. Acceptance of Bids V4.1 A bid is accepted after the auctioneer has called the highest bidder’s bid three times. When a bid is accepted, a contract of sale is concluded between VAN HAM and the bidder whose bid was accepted. There shall be no entitlement to have a bid accepted. VAN HAM may refuse to accept the bid or accept it conditionally. This applies in particular where a bidder who is not known to VAN HAM or with whom no business relationship has yet been established fails to provide security in the form of bank references or guarantees by the start of the auction at the latest. V4.2 Where a bid is rejected, the previous bid shall remain valid. If several individuals place equal bids and no higher bid is made after three calls, the decision shall be made by drawing lots. VAN HAM may revoke acceptance of a bid and re-offer the item if a higher bid made in due time was accidentally overlooked, if the highest bidder does not want the bid to stand, or if there are other doubts as to the acceptance. If no bid is accepted even though a bid was placed, VAN HAM shall be liable to the bidder only in case of intent or gross negligence. A bidder shall remain bound by a bid that has been conditionally accepted for a period of one month. A conditionally accepted bid shall only become effective if VAN HAM confirms the bid in writing within one month from the date of the auction. Stand: 13.3.2017


Katalog 390 | Modern
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