133 highest bidder does not want the bid to stand, or if there are other doubts as to the acceptance. If no bid is successful even though several bids were submitted, 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. 5. Purchase Price and Payment 5.1 The buyer shall pay the bid price plus a premium of 28% on the first € 250,000 and a premium of 25% on all sums exceeding this amount. This includes statutory VAT, which will, however, not be listed separately due to the margin scheme as per § 25a UStG (German Sales Tax Act). A premium of 24% on the first € 250,000 of the bid price and of 21% on all sums exceeding this amount shall be levied on items listed in the appendix as subject to standard taxation. Statutory VAT of currently 19% on the total of the bid price and the premium. 5.2 Items which are marked by a ’*’ have been imported from outside the EU to be sold at auction under Temporary Admission. When VAN HAM releases such property to the buyer, he/she will become the importer and must pay VAN HAM’s import VAT of currently 7 % to VAN HAM. These lots will be invoiced under the margin scheme. By the recharging of the import sales tax the buyer’s premium increases to 35% for the first € 250,000 and to 32% for the exceeding amount. The import sales tax as such is not separately identified. Upon request immediately after the auction the invoice for these objects can be made out with r egular taxation. The value added tax can then entitle to deduct pre-tax or be refunded with an export certificate for a third country. 5.3 Pursuant to § 26 ss.1 of the German Copyright Act (UrhG), the Seller is obliged to pay the droit de suite (resale rights tax) on the sales proceeds of all original works of art and original photographic works whose creators died less than 70 years before completion of the sale, where such works were sold via VAN HAM. The buyer shall bear a portion of this in the form of a lump-sum charge amounting to: • 1.5% of the hammer price up to € 200,000 • 0.5% of the hammer price in excess of € 200,001 up to € 350,000 • 0.25% of the hammer price in excess of € 350,001 up to € 500,000 • 0.125% of the hammer price in excess of this price up to five million, up to a maximum of € 6,250. 5.4 For buyers entitled to deduct input tax, the invoice may, upon request (and after prior notification) be made out in line with standard taxation. VAT is not levied on shipments to third countries (i.e. outside the EU) nor on shipments to companies in EU member states, provided the VAT ID number is stated. If participants in an auction transfer purchased items to third countries themselves, they shall be reimbursed for VAT as soon as proof of export and purchase has been provided to VAN HAM. 5.5 Invoices issued during or immediately after an auction must be verified; errors remain excepted to this extent. 5.6 Payment of the total amount due upon acceptance of a bid shall be made in cash or by bank certified cheque. Cheques shall only be accepted on account of performance. Any taxes, costs, transfer or encashment fees (including any bank fees charged to VAN HAM) shall be borne by the buyer. Buyers who participate in the auction in person shall pay the purchase price to VAN HAM immediately after their bid is accepted. Without prejudice to the fact that payment is due immediately, bids made in absentia may be paid within 14 days of the invoice date without being deemed to be in default. 5.7 Auctioned items shall, as a matter of principle, only be handed over after full payment of all amounts owed by the buyer has been received. 6. Collection and Assumption of Risk 6.1 Acceptance of a bid establishes an obligation to collect the item. Absentee buyers shall collect their items without undue delay after VAN HAM has advised them that their bid has been successful. VAN HAM shall organise the insurance and shipment of the auctioned items to the buyer only upon the buyer’s written instruction and at the buyer’s cost and risk. Since the purchase price is due immediately and the buyer is obliged to collect the items without undue delay, the buyer shall be in default of acceptance no later than 14 days after acceptance of the bid or post-bid, and consequently the risk shall be transferred to the buyer at this time at the latest, irrespective of the fact that possession of the item has not yet been transferred. 6.2 If the buyer has not collected the items from VAN HAM three weeks after acceptance of the bid and/or relevant notification at the latest, VAN HAM shall request that the buyer collect the items within one week. At the end of said period VAN HAM shall be entitled to have the items stored in a contract warehouse at the cost and risk of the buyer. VAN HAM shall inform the buyer prior to storage. If VAN HAM stores the items in its own warehouse, up to 1% p.a. of the hammer price shall be charged for insurance and storage costs. Irrespective of this, VAN HAM may alternatively demand performance of the contract or assert statutory rights for breach of obligations. For the purpose of calculating any damage, reference is made to Clauses 5 and 8 of these Conditions. 6.3 VAN HAM shall under no circumstances be liable for loss of or damage to items that have not been collected or handed over due to non-payment, unless VAN HAM acted with intent or gross negligence. 7. Retention of Title, Set-off, Right of Retention 7.1 The title to an item acquired by auction shall only pass to the buyer upon full receipt of all payments owed as per Clauses 5 and 8. In the event that the buyer sells such an item without having satisfied all of VAN HAM’s claims, the buyer hereby assigns to VAN HAM any claims arising from the resale. VAN HAM hereby accepts such assignment. 7.2 The buyer shall only be able to set off claims against VAN HAM that are undisputed or that have been legally and finally determined. 7.3 The buyer shall have no right of retention based on claims arising from any prior transactions with VAN HAM. Insofar as the buyer is a merchant registered in the commercial register, the buyer waives its rights under §§ 273, 320 of the German Civil Code (BGB). 8. Default 8.1 The purchase price shall be due upon acceptance of the bid. The buyer shall be considered in default 14 days from conclusion of the contract, i.e. acceptance of the bid or post-bid. Payment is to be made to VAN HAM in Euros. This also applies to cheques, which shall only be recognised as fulfilment of the payment obligation once they have been unconditionally credited to the bank account. 8.2 In the event of a default in payment, default interest shall be charged at a rate of 1% per month. The buyer shall be entitled to furnish evidence that a lesser or no loss was incurred. In the remainder, VAN HAM may, in the event of a default in payment, elect to demand performance of the contract of sale or rescind the contract after setting a suitable period for performance. In the event of rescission, all of the buyer’s rights to the item acquired by auction shall lapse, and VAN HAM shall be entitled to claim damages in the amount of the lost proceeds from the work of art (consignor’s commission and premium). If the item is re-offered at another auction, the defaulting buyer shall additionally be liable for any shortfall in proceeds compared to the prior auction and for the costs of the repeat auction; the buyer shall not be entitled to receive any surplus proceeds. VAN HAM shall be entitled to exclude such a buyer from making further bids at auctions. 8.3 One month after default has occurred, VAN HAM shall be entitled and, upon the consignor’s request, required to disclose the buyer’s name and address to the consignor. 9. Privacy Statement The bidder hereby agrees to the bidder’s name, address and purchases being stored electronically and processed by VAN HAM for the purpose of fulfilling and performing the contractual relationship, and for the purpose of providing information about future auctions and offers. Should the bidder fail to meet its contractual obligations within the scope of fulfilling and performing this contractual relationship, the bidder consents to this fact being included in a blacklist accessible to all auction houses of the German Association of Art Auctioneers (Bundesverband Deutscher Kunstversteigerer e.V.). The future collection and use of data may be objected to by deleting this clause or by submitting a relevant statement to VAN HAM at a later date, with effect for the future. 10. Silent Auction VAN HAM shall conduct a so-called “silent auction” for the items listed at the end of the catalogue and marked with “+”. These General Auction Terms shall apply accordingly to such “silent auctions”; however, bidders may only bid in written form or via the internet. Since the items in “silent auctions” are not called out, no bids can be made in person or by telephone. Bids for a “silent auction” must be submitted to VAN HAM in writing at least 24 hours before the start of the auction in order to be valid; in the remainder please refer to Clause 3. 11. Miscellaneous Provisions 11.1 These General Auction Terms shall govern all relations between the buyer and VAN HAM. The buyer’s general commercial terms and conditions shall not be valid. No subsidiary oral agreements have been made. Any amendments shall be made in writing. 11.2 The place of performance and place of jurisdiction for business transactions shall exclusively be Cologne. German law shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. 11.3 The aforementioned provisions shall also apply mutatis mutandis to the private sale of items consigned for auction and, in particular, to post-sales, which are not governed by the provisions on distance sales as they form part of the respective auctions. 11.4 In the event that any of the above provisions are invalid in whole or in part, the validity of the remaining provisions shall be unaffected. The invalid provision shall be replaced by a valid provision which most closely resembles the commercial content of the invalid provision. This applies correspondingly if the contract contains a gap in need of amendment. In cases of doubt the German version of the General Auction Terms shall prevail. Translations into other languages merely serve as a guide. Van Ham Kunstauktionen GmbH & Co. KG Schönhauser Straße 10-16, 50968 Cologne, Germany District court Cologne, HR A 375 General Partner: Van Ham Kunstauktionen Verwaltung GmbH District court Cologne, HR B 80313 Manager: Markus Eisenbeis (publicly appointed and sworn auctioneer for arts and antiques) Stand: 7.4.2014
Katalog 337 Moderne Kunst
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