General Auction Terms 1. Auction to repay its commission in full within a period of one 3.9 The provisions regarding silent auctions (see Clau- year, if the work of art proves not to be authentic. se 10) apply to the catalogue numbers listed at the end 1.1 VAN HAM Kunstauktionen KG (hereinafter This is subject to there being no third party claims to the of the catalogue and marked with “+”. referred to as “VAN HAM”) conducts public auctions work of art and the work of art being returned to the as defined by S. 474, ss. 1(2) and S. 383 ss. 3(1) of VAN HAM head office in Cologne in unaltered condition. 3.10 All offers shall be based on the so-called hammer the German Civil Code (BGB) as commission agent Inaccuracy shall be considered to have been proven price and shall be exclusive of the premium, VAT and, on its own behalf and on account of its clients (the if an internationally recognised expert on the author where applicable, droit de suite (resale rights tax) and “Sellers”), who remain anonymous. listed in the catalogue refuses to have the work of art customs charges. included in the Catalogue Raisonné prepared by the When there are equal bids, irrespective of whether 1.2 The items to be auctioned may be viewed and exa- expert, among others. they are submitted in the auction hall, by telephone, mined prior to auction, with potential buyers being liable in writing or over the internet, a decision shall be for any damage they may cause to the exhibited items. 2.6 Claims for damages against VAN HAM based on made by drawing lots. Written bids or bids submitted legal and material defects and on other legal grounds via the internet shall only be drawn on by VAN HAM 2. Condition, Warranty (including compensation for futile expenses or costs to the extent required to outbid another bid. of expert opinions) shall be excluded, unless they are 2.1 The works of art that are up for auction and availa- based on VAN HAM acting intentionally or grossly neg- 3.11 Absentee bids shall be generally permitted if they ble for examination and viewing during the advance ligently or on VAN HAM breaching material contractual are received by VAN HAM at least 24 hours prior to viewing are, without exception, used items. They are obligations. the start of the auction and any additional informa- in a state of repair that is consistent with their age and tion pursuant to Clause 3.5 has been provided. Bids provenance. Objections to the state of repair shall only 2.7 Any claims against VAN HAM shall come under shall specify the relevant work of art, along with its be mentioned in the catalogue if VAN HAM believes the statute of limitations one year after possession of catalogue number and catalogue description. In case that they significantly affect the visual impression of the the work of art for which there has been a successful of doubt, the catalogue number shall be decisive; the work of art as a whole. Lack of information regarding bid has been transferred, provided that they are not bidder shall bear the consequences of any ambiguities. the state of repair shall therefore not establish any war- based on an intentional breach of legal rights, or whe- VAN HAM provides the service of processing absentee ranty or quality agreement as defined by sale of goods re longer periods of limitations are prescribed by law. bids for the convenience of clients free of charge. laws. Potential buyers may request a condition report for VAN HAM therefore makes no representations regar- any work of art. Such a report, be it verbal or in writing, 3. Conduct of Auctions, Bids ding the effectuation or error-free processing of bids. shall not contain any diverging individual agreement, This does not apply where VAN HAM is liable for mis- and shall express VAN HAM’s subjective assessment 3.1 The estimates stated in the catalogue do not takes made intentionally or through gross negligence. only. The information contained in the condition report constitute minimum or maximum prices, but shall Absentee bids shall be deemed equivalent to bids made shall be provided to the best of our knowledge and serve merely as an indication of the market value of in person during the auction when bids are accepted. belief. It shall not constitute any warranty or quality the respective items, without any warranty being given agreement and shall serve the purpose of providing as to their accuracy. Information as to the value in 3.12 Written bids must be signed by the bidder. In case non-binding information only. The same applies to ge- other currencies is provided for information purposes of written bids, the interested party shall authorise the neral information of any kind, be it verbal or in writing. only and shall not be binding. Low-value items may be auctioneer to submit bids on its behalf. The actual state of repair of the work of art at the time auctioned as group lots outside the catalogue. the relevant bid is accepted shall, in all events, be its 3.13 In case of telephone bids, a telephone operator agreed condition as defined by statutory regulations 3.2 VAN HAM reserves the right to combine, separate, present in the auction hall shall be authorised to submit (SS. 434 et seq. BGB). offer out of sequence or withdraw numbered lots during bids as per the telephone bidder’s instructions. Telepho- an auction. ne bids may be recorded by VAN HAM. By applying for 2.2 Any information contained in the catalogue is telephone bidding, applicants accept that telephone based on available data published at the time of pub- 3.3 All bids shall be considered as made by the bidder conversations may be recorded. VAN HAM accepts no lication or other generally available scientific insights. on its own behalf and for its own account. If a bidder liability for establishing and maintaining telecommunica- If an additional internet catalogue is prepared, the intends to bid on behalf of a third party, relevant notifi- tions connections or for transmission errors. information in the printed version shall nevertheless cation shall be given 24 hours prior to the start of the prevail; the internet catalogue shall only prevail in the auction, stating the name and address of the represen- 3.14 Bids made via the internet may be submitted as event that no printed catalogue exists or the items ted party and submitting a written power of attorney. “pre-bids” prior to the beginning of an auction, as “live are auctioned by a so-called silent auction. VAN HAM Otherwise the contract of sale shall be made with the bids” during a live web-cast auction, or as “post-bids” reserves the right to correct catalogue information on bidder when the bid is accepted. after conclusion of the auction in accordance with the the works of art that are to be auctioned. Said correc- following provisions. Bids received by VAN HAM via tions shall be made by written notice at the auction 3.4 VAN HAM provides each bidder with a bidder internet during an auction shall only be considered for site and/or announced by the auctioneer immediately number following presentation of a valid identifica- the ongoing auction if it is a live, web-cast auction. In before the specific work of art is to be auctioned. The tion document and admission to the auction. Only the remainder internet bids shall only be admissible corrected information shall replace the description in bids made using this number shall be considered if VAN HAM has approved the bidder for internet the catalogue. during the auction. bidding by providing the bidder with a user name and password. Internet bids shall only be valid bids if they 2.3 Irrespective of the provisions of Clause 2.1, only 3.5 Bidders previously unknown to VAN HAM need to can be unequivocally matched to the bidder by means the catalogue information regarding the authorship submit to VAN HAM a written registration accompanied of the user name and password. Internet bids shall be of the work of art shall form part of the condition by a valid identification card no later than 24 hours recorded electronically. The accuracy of the corres- agreed with the buyer. VAN HAM does not provide any before the start of the auction. VAN HAM reserves ponding records shall be accepted by bidders/buyers, special warranties that may establish any additional the right to request a current bank reference or other who shall nevertheless be free to furnish evidence to rights (SS. 443, 477 BGB). No characteristics other than references or a cash deposit before admitting bidders to the contrary. Live bids shall be considered equivalent authorship of the work of art shall be contractually the auction. to bids made in the auction hall. VAN HAM accepts no agreed, even if the work of art is presented for ad- liability for establishing technical connections or for vertising purposes. The same applies to reproductions 3.6 If the consignor, or a third party instructed by the transmission errors in case of internet bids. contained in the catalogue. The purpose of said repro- consignor, submits a bid on an item consigned by the ductions is to give potential buyers an idea of the work consignor, and this bid is accepted, the consignor’s 3.15 Subsequent sales form part of the auction. In the of art; they form neither part of the quality agreement status shall be equivalent to that of any other bidder. event of post-bids, a contract shall only be made once nor do they warrant the condition of the work of art. The General Auction Terms therefore apply accordingly VAN HAM accepts a bid. to the consignor making a bid for its own items. 2.4 VAN HAM expressly excludes any liability for po- 3.16 In case of distance contracts, the right of return tential defects, provided that VAN HAM has complied 3.7 VAN HAM shall be entitled to place a bid or series and rescission shall not apply to written, telephone or with its duty of care obligations. of bids below the reserve for the consigned lot on internet bids unless the bid was made in a so-called behalf of the consignor, without being required to silent auction. 2.5 However, if the buyer is able to demonstrate, disclose this and irrespective of whether or not other within one year from the transfer of possession of bids are placed. 4. Acceptance of Bids the work of art, that catalogue information regarding authorship of the work of art was incorrect and did not 3.8 The initial bid price shall be determined by the A bid is accepted after the auctioneer has called the correspond to the generally accepted expert opinion at auctioneer; bids are generally submitted in Euros at a highest bidder’s bid three times. When a bid is accep- the date of publication, VAN undertakes to assert its maximum of 10% above the previous bid. Bids may ted, a contract of sale is concluded between VAN HAM rights vis-à-vis the consignor, irrespective of Clause 2.4. be made in person in the auction hall or, in absentia, and the bidder whose bid was accepted. VAN HAM Where successful recourse is taken against the consi- in writing, by telephone or over the internet via the may refuse to accept the bid or accept it conditionally. gnor, VAN HAM shall reimburse the buyer for the full online catalogue on VAN HAM’s homepage or via a This applies in particular where a bidder who is not purchase price only. VAN HAM additionally undertakes platform approved by VAN HAM. known to the auctioneer or with whom no business 90 Stand: 1.10.2012
Katalog 316 Apothekensammlung
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