General Auction Terms 1. Auction 1.1 VAN HAM Kunstauktionen KG (hereinafter referred to as “VAN HAM”) conducts auctions in a public auction in terms of Section 474, Para.1 Line 2 and Section 383 Para. 3 Line 1 of the German Civil Code (BGB) as a commissioner on his own behalf and on account of the clients (the “sellers”), who shall remain anonymous. 1.2 The items to be auctioned may be viewed and examined prior to the auction, potential buyers being liable for any damage caused by them to the items exhibited. 2. Condition, Warranty 2.1. The works of art that are up for auction and can be examined and viewed as part of the advance viewing are, without exception, used items. They are in a state of repair that corresponds to their age and provenance. Objections to the state of repair are only mentioned in the catalogue if, in the opinion of VAN HAM, they adversely affect the visual impression of the work of art as a whole. Lack of information regarding the state of repair does therefore not justify any claims based on a guarantee or agreement on the condition. Potential buyers may request a condition report for every work of art. This report, be it verbal or written, does not contain any differing, individually negotiated terms, and expresses VAN HAM’s subjective assessment only. The information contained in the condition report is provided to the best of our knowledge and belief. It does not constitute any guarantee or agreement on the condition and serves the purpose of the provision of nonbinding information only. The same applies to general information 234 of any kind, be it verbal or written. In all cases the actual state of repair of the work of art at the time of the acceptance of the bid is the agreed condition in terms of statutory provisions (Sections 434 et seq. of the German Civil Code (BGB)). 2.2 All information contained in the catalogue is based on knowledge published until the date on the auction and on other general scientific knowledge available to the public. If an additional internet catalogue is prepared, the information in the printed version shall nevertheless prevail; only in the event that no printed catalogue exists or that the items are auctioned in a silent auction shall the internet catalogue prevail. VAN HAM reserves the right to correct catalogue information on the works of art that are to be auctioned. Said correction is made by written notice at the location of the auction and/or orally by the auctioneer immediately before the specific work of art is auctioned. The corrected information will replace the description in the catalogue. 2.3 Irrespective of the provisions laid down in fig. 2.1, the information in the catalogue relating to authorship of the work of art is part of the condition that is agreed with the buyer. VAN HAM provides no special guarantee resulting in additional rights (Sections 443, 477 of the German Civil Code (BGB)). Characteristics of the condition other than authorship of the work of art are not contractually agreed, even if the work of art is presented for advertising purposes. The same applies to reproductions contained in the catalogue. The purpose of said reproductions is to give potential buyers an idea of the work of art; they are neither an integral part of the agreement on the condition nor a guarantee with regards to the condition. 2.4 VAN HAM is explicitly excluded from liability for any defects, provided statutory liability is not mandatory by law. 2.5 If, however, within one year of transferring the work of art, the information in the catalogue concerning authorship is deemed to be incorrect and did not correspond to the acknowledged opinion of experts on the day of the auction, VAN pledges to assert his rights vis-à-vis the consignor, irrespective of fig.2.4 in the event of successfully taking recourse to the consignor, VAN HAM shall reimburse the buyer for no more than the full purchase price. Furthermore, provided proof of unauthenticity is furnished, VAN HAM promises to return the premium in full for a period of two years. This is subject to there being no third party claims to the work of art and the work of art being returned in unaltered condition to the VAN HAM headquarters in Cologne. Proof of inaccuracy is also considered as given if an internationally recognised expert on the author refuses to include the work of art in the Catalogue Raisonné prepared by him. 2.6 Damages claims against VAN HAM for legal and material defects and on other legal grounds (including compensation for futile expenses or cost for expert opinions) are excluded unless they are due to intentional or grossly negligent conduct by VAN HAM or to the breach of significant contractual duties by VAN HAM or are caused by injury to life or limb or damage to heal. 2.7 All claims against VAN HAM shall expire after one year after the work of art for which there is a successful bid is handed over, provided they are not due to a legal breach that is intentional or that longer periods of limitation are mandatory by law. 3. Conduct of Auctions, Bids 3.1 The estimates stated in the catalogue are not minimum or maximum prices but are used only as an indication for the market value of the items and no warranty is given as to their accuracy. Information as to the value in other currencies than Euro is provided simply for informational purposes and is not binding. Low value items may be auctioned as group lots outside the catalogue. 3.2 VAN HAM reserves the right to combine, separate, offer out of sequence or withdraw numbered lots during an auction. 3.3 All bids are considered as submitted by the bidder on his own behalf and for his own account. If a bidder wishes to bid on behalf of a third party he must notify this 24 hours prior to the start of the auction, stating name and address of the party he is representing and submitting a written power of attorney. Otherwise the purchase contract is concluded with the bidder when the bid is accepted. 3.4 After presentation of a legal personal-document and admission to the auction, each bidder will be given a bidder’s number by VAN HAM. Only bids using this number will be included in the auction. 3.5 Bidders, so far unknown to VAN HAM, have to submit a written application no later than 24 hours before the auction, together with a document of identification. VAN HAM may ask for a recent bank reference or other references for the admission to the auction. 3.6 With regards to goods consigned, the respective consignor is not permitted to place own bids or to have bids placed by third parties on his behalf. If the consignor, or a third party authorised by him, nevertheless submits a bid and if this bid is accepted, his status is equivalent to that of other bidders. Therefore, the Conditions of Sale apply accordingly to the consignor. 3.7 VAN HAM is entitled to place a bit or series of bids on behalf of the Seller up to the limit on the consigned lot, without disclosing this openly and irrespective of whether or not other bids are placed. 3.8 The initial bid price is determined by the auctioneer; bids are generally submitted in Euros at maximum 10% above the previous bid. Bids may be made in person in the auction hall or, in absentia, in writing, by phone or over the internet via our online catalogue on VAN HAM’s homepage or via a platform that has been approved by VAN HAM. 3.9 The provisions of silent auctions (cf.fig.10) apply for the catalogue numbers listed at the end of the catalogue and marked with “+”. 3.10 All offers are based on the so-called hammer price and increase with premium, VAT and droit de suite and customs charges where applicable). When there are equal bids, irrespective of whether they were submitted in the auction hall, by phone, 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 taken into consideration by VAN HAM to that amount that is required to outbid another bid. 3.11 Absentee bids are generally permitted if the bidder has applied to VAN HAM for permission at least 24 hours prior to the start of the auction and has, as far as possible, provided additional information pursuant to fig. 3.5. The application must specify the work of art, along with its catalogue number and catalogue description. In case of doubt, the catalogue number is decisive; the bidder shall bear the consequences of any uncertainties. VAN HAM provides the service of executing absentee bids for the convenience of clients free of charge. VAN HAM therefore provides no guarantee for the effectuation or flawless execution of bids. This does not apply where VAN HAM is responsible for a mistake made intentionally or through gross negligence. Absentee bids shall be equivalent to bids made in the auction. 3.12 The written bid must be signed by the bidder. In the event of written bids, the interested party authorises the auctioneer to submit bids on his behalf. 3.13 In the event of telephone bids, a telephonist present in the auction hall is authorised to submit bids on instruction of the telephone bidder. Telephone bids may be recorded by VAN HAM. By applying for telephone bidding, the applicant declares that he agrees to the recording of telephone conversations. VAN HAM is not liable for setting up and maintaining telecommunications connections or for transmission errors. 3.14 Bids via the internet can be submitted as “prebids” prior to the beginning of the auction, as “live bids” during a live web-cast auction, or as “postbids” after conclusion of the auction according to the provisions stated hereinafter. Bids received by VAN HAM via internet during an auction will only be taken into account for the respective auction if it is a live, web-cast auction. Furthermore, bids via internet are only admissible if the bidder has been authorised by VAN HAM to bid over the internet by providing him with a user name and password. They only represent valid bids if they can be unequivocally matched to the bidder by means of such user name and password. Bids via internet are recorded electronically. The accuracy of the corresponding transcripts is accepted by the bidder/ buyer, who is nevertheless free to furnish evidence that the transcript is inaccurate. Live bids are considered equivalent to bids submitted in the auction hall during the auction. 3.15 The after sale is part of the auction. In the event of post-bids, a contract is concluded only after VAN HAM accepts the bid. 3.16 With distance contracts, the right of return and rescission shall not apply to written, phone or internet bids unless the bid was made in a so-called silent auction. 4. Acceptance of Bids A bid is accepted after the auctioneer has called the highest bidder’s bid three times. When a bid is accepted a purchase contract is concluded between VAN HAM and the bidder whose bid was accepted. Stand: 1.4.2013
Katalog 321 Kunstgewerbe
To see the actual publication please follow the link above