relationship has yet been established fails to provide 6. Collection and Assumption of Risk is re-offered at another auction, the defaulting buyer security in the form of bank references or guarantees shall additionally be liable for any shortfall in proceeds by the start of the auction at the latest. However, there 6.1 Acceptance of a bid establishes an obligation to compared to the prior auction and for the costs of the shall be no entitlement to have a bid accepted as a mat- collect the item. Absentee buyers shall collect their repeat auction; the buyer shall not be entitled to receive ter of principle. Where a bid is rejected, the previous bid items without undue delay after VAN HAM has advised any surplus proceeds. VAN HAM shall be entitled to shall remain valid. If several individuals place equal bids them that their bid has been successful. VAN HAM exclude such a buyer from making further bids at and no higher bid is made after three calls, the decision shall organise the insurance and shipment of the auc- auctions. shall be made by drawing lots. VAN HAM may revoke tioned items to the buyer only upon the buyer’s written acceptance of a bid and re-offer the item if a higher instruction and at the buyer’s cost and risk. Since the 8.3 One month after default has occurred, VAN HAM bid made in due time was accidentally overlooked, if purchase price is due immediately and the buyer is shall be entitled and, upon the consignor’s request, the highest bidder does not want the bid to stand, or if obliged to collect the items without undue delay, the required to disclose the buyer’s name and address to there are other doubts as to the acceptance. If no bid buyer shall be in default of acceptance no later than the consignor. is successful even though several bids were submitted, 14 days after acceptance of the bid or post-bid, and VAN HAM shall be liable to the bidder only in case consequently the risk shall be transferred to the buyer 9. Privacy Statement of intent or gross negligence. A bidder shall remain at this time at the latest, irrespective of the fact that bound by a bid that has been conditionally accepted for possession of the item has not yet been transferred. The bidder hereby agrees to the bidder’s name, address a period of one month. A conditionally accepted bid shall and purchases being stored electronically and proces- only become effective if VAN HAM confirms the bid in 6.2 If the buyer has not collected the items from sed by VAN HAM for the purpose of fulfilling and writing within one month from the date of the auction. VAN HAM three weeks after acceptance of the bid performing the contractual relationship, and for the and/or relevant notification at the latest, VAN HAM purpose of providing information about future auctions 5. Purchase Price and Payment shall request that the buyer collect the items within and offers. Should the bidder fail to meet its contractu- one week. At the end of said period VAN HAM shall al obligations within the scope of fulfilling and perfor- 5.1 The buyer shall pay the bid price plus a premium be entitled to have the items stored in a contract ming this contractual relationship, the bidder consents of 25% on the first €100,000 and a premium of 22% warehouse at the cost and risk of the buyer. VAN HAM to this fact being included in a blacklist accessible to on all sums exceeding this amount. This includes shall inform the buyer prior to storage. If VAN HAM all auction houses of the German Association of Art statutory VAT, which will, however, not be listed stores the items in its own warehouse, up to 1% p.a. Auctioneers (Bundesverband deutscher Kunstverstei- separately due to the margin scheme as per S. 25a of the hammer price shall be charged for insurance gerer e.V.). The future collection and use of data may UStG (German Sales Tax Act). A premium of 21% on and storage costs. Irrespective of this, VAN HAM may be objected to by deleting this clause or by submitting the first €100,000 of the bid price and of 18% on all alternatively demand performance of the contract or a relevant statement to VAN HAM at a later date, with sums exceeding this amount shall be levied on items assert statutory rights for breach of obligations. For the effect for the future. listed in the appendix as subject to standard taxation. purpose of calculating any damage, reference is made Statutory VAT of currently 7% (for paintings, drawings, to Clauses 5 and 8 of these Conditions. sculptures, prints etc.) and 19% (objets d’art, carpets, 10. Silent Auction jewellery, watches, clocks, silkscreens, offsets, photo- 6.3 VAN HAM shall under no circumstances be liable graphs etc.) respectively shall be levied on the total of for loss of or damage to items that have not been 10.1 VAN HAM shall conduct a so-called “silent auc- the bid price and the premium. collected or handed over due to non-payment, unless tion” for the items listed at the end of the catalogue VAN HAM acted with intent or gross negligence. and marked with “+”. These General Auction Terms 5.2 Pursuant to S. 26 ss.1 of the German Copyright shall apply accordingly to such “silent auctions”; Act (UrhG), the Seller is obliged to pay the droit de however, bidders may only bid in written form or suite (resale rights tax) on the sales proceeds of all 7. Retention of Title, Set-off, Right of Retention via the internet. Since the items in “silent auctions” original works of art and original photographic works are not called out, no bids can be made in person whose creators died less than 70 years before com- 7.1 The title to an item acquired by auction shall only or by telephone. Bids for a “silent auction” must be pletion of the sale, where such works were sold via pass to the buyer upon full receipt of all payments submitted to VAN HAM in writing at least 24 hours VAN HAM. The buyer shall bear a portion of this in the owed as per Clauses 5 and 8. In the event that the before the start of the auction in order to be valid; in form of a lump-sum charge amounting to: buyer sells such an item without having satisfied all of the remainder please refer to Clause 3. VAN HAM’s claims, the buyer hereby assigns to VAN • 1.5% of the hammer price up to € 200,000 HAM any claims arising from the resale. VAN HAM 11. Miscellaneous Provisions •0.5% of the hammer price in excess of € 200,001 up hereby accepts such assignment. to € 3 50,000 11.1 These General Auction Terms shall govern all re- •0.25% of the hammer price in excess of € 350,001 7.2 The buyer shall only be able to set off claims lations between the buyer and VAN HAM. The buyer’s up to € 500,000 against VAN HAM that are undisputed or that have general commercial terms and conditions shall not be •0.125% of the hammer price in excess of this price been legally and finally determined. valid. No subsidiary oral agreements have been made. up to five million, up to a maximum of € 6,250. Any amendments shall be made in writing. 7.3 The buyer shall have no right of retention based 5.3 For buyers entitled to deduct input tax, the invoice on claims arising from any prior transactions with 11.2 The place of performance and place of jurisdiction may, upon request (and after prior notification) be made VAN HAM. Insofar as the buyer is a merchant regis- for business transactions shall exclusively be Cologne. out in line with standard taxation. VAT is not levied on tered in the commercial register, the buyer waives its German law shall apply; the UN Convention on Con- shipments to third countries (i.e. outside the EU) nor on rights under SS. 273, 320 of the German Civil Code tracts for the International Sale of Goods (CISG) shall shipments to companies in EU member states, provided (BGB). not apply. the VAT ID number is stated. If participants in an auction transfer purchased items to third countries themselves, 11.3 The aforementioned provisions shall also apply they shall be reimbursed for VAT as soon as proof of 8. Default mutatis mutandis to the private sale of items consigned export and purchase has been provided to VAN HAM. for auction and, in particular, to post-sales, which are 8.1 The purchase price shall be due upon acceptance not governed by the provisions on distance sales as 5.4 Invoices issued during or immediately after an of the bid. The buyer shall be considered in default 14 they form part of the respective auctions. auction must be verified; errors remain excepted to days from conclusion of the contract, i.e. acceptance of this extent. the bid or post-bid. Payment is to be made to VAN HAM 11.4 In the event that any of the above provisions in Euros. This also applies to cheques, which shall only are invalid in whole or in part, the validity of the 5.5 Payment of the total amount due upon accep- be recognised as fulfilment of the payment obligation remaining provisions shall be unaffected. The invalid tance of a bid shall be made in cash or by bank once they have been unconditionally credited to the provision shall be replaced by a valid provision which certified cheque. Cheques shall only be accepted on bank account. most closely resembles the commercial content of account of performance. Any taxes, costs, transfer or the invalid provision. This applies correspondingly if encashment fees (including any bank fees charged 8.2 In the event of a default in payment, default the contract contains a gap in need of amendment. to VAN HAM) shall be borne by the buyer. Buyers interest shall be charged at a rate of 1% per month. In cases of doubt the German version of the General who participate in the auction in person shall pay the The buyer shall be entitled to furnish evidence that Auction Terms shall prevail. Translations into other purchase price to VAN HAM immediately after their bid a lesser or no loss was incurred. In the remainder, languages merely serve as a guide. is accepted. Without prejudice to the fact that payment VAN HAM may, in the event of a default in payment, is due immediately, bids made in absentia may be paid elect to demand performance of the contract of sale within 14 days of the invoice date without being or rescind the contract after setting a suitable period deemed to be in default. for performance. In the event of rescission, all of the buyer’s rights to the item acquired by auction shall lap- 5.6 Auctioned items shall, as a matter of principle, se, and VAN HAM shall be entitled to claim damages Markus Eisenbeis only be handed over after full payment of all amounts in the amount of the lost proceeds from the work of (Partner with personal liability; publicly appointed, owed by the buyer has been received. art (consignor’s commission and premium). If the item sworn auctioneer for arts and antiques) Stand: 1.10.2012 91
Katalog 316 Apothekensammlung
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