Cristalleries de Baccarat, Meurthe et MoselleBaccarat BronzeleuchterBronze, feuervergoldet, partiell

Conditions of sale at auctions

1. KUNST & DESIGN AUKTIONSHAUS SCHOPS TUROWSKI

KUNST & DESIGN AUKTIONSHAUS Schops TUROWSKI (hereinafter referred to as:„auctioneer“) auctions in public, voluntarily in the name and for the account of thirdparties.

2. Conduct of auction

The auction is to be effected in Euro. Calling prices are such prices listed in the catalogue as limit prices. Calls for offers are increased according to the auctioneer’s discretion, however, in general in steps that are 5 % -10 % above the preceding bid.

The auctioneer is entitled to offer numbers outside the order of the catalogue as well as merge, divide and/or pull them out. The auctioneer is entitled to deny the acceptance of a bid provided that good cause is shown. Such good cause is given in particular, if auctioneer does not know a person who places a bid and such person refrains from supplying security at the latest until start of auction. The auctioneer is entitled to request a current certificate of liquidity of a bank or savings bank or a cash deposit.

3. Preview

All items on offer at the auction can be viewed and examined (preview). Preview takes place in the premises of auctioneer in Krefeld. Upon request condition reports and further information beyond the catalogue text are provided to people who bid in absence.

4. Items on offer at auction / catalogue description

Items are used and come to auction in such condition in which they are at the time of the acceptance of the bid. Catalogue descriptions and respective descriptions on the internet sites of the auctioneer are made according to best knowledge and conscience, but are no guarantees according to law. The same applies respectively for oral information, information in writing or information in text form. Further buyer is hereby informed that due to technical reasons pictures of the items, particularly in the catalogue or on the internet sites as well as in the event of sending them by E-Mail may differ from the respective original, particularly regarding colour and resolution.

Art work is in general on offer unframed and without pedestal, unless the description explicitly guarantees otherwise. In order to clarify it is hereby indicated, that such guarantee takes place in text form or in writing. It is, however, irrelevant if the pictureof the art work shows a frame or pedestal.

5. Catalogues

Catalogues will be provided upon request for a fee.

6. Bids

Participation in an auction

There are different ways to participate in our auctions.

Potential buyers in an auction are obliged to use an auctioneer’s bidding template,which has to be filled in before (registration) and is attached to the catalogue, can be downloaded from the auctioneer’s internet site or is previously send to the potential buyer upon request.

Bids can be made in writing or in text form (e.g. by mail, fax or E-Mail) before the auction, by telephone or by traditional signs in the auction hall.

Hall bidders

The potential buyer participates in person and bids by traditional signs in the auction hall.

Absentee bids

Bids in writing or in text form have to reach auctioneer at least 24 hours prior to the respective auction (potential buyers are obliged to use the auctioneers bidding template) and must have been confirmed by the auctioneer. Bids are starting from a limit price for a lot or a certain number of lots and when the auctioneer invites the bid.

Bids by telephone

Potential buyers who want to bid via telephone can be contacted by telephone during the auction. The potential buyer is obliged to use the auctioneers bidding template where the lots he intends to buy have been indicated.

The bids must have been confirmed before the auction in writing or in text form.

Potential buyers are obliged to previously provide a telephone number, where they can be contacted during the auction.

The auctioneer hereby explicitly excludes the warranty for formation and maintaining the telephone connection as well as for possible other trouble with the telephone connection in fact particularly any warranty for the lack of acceptance of a bid. We refer to clause 10 paragraph 2 regarding the scope of this liability exclusion.

7. Acceptance of bid

Acceptance of bid is given to such potential buyer who offers the highest bid if no higher bid has been offered upon three consecutive calls of such highest bid. If several persons offer the same bid and no higher bid is offered upon three consecutive calls of such bid, the acceptance of bid is allocated to one of the bidders by lot. Auctioneer is entitled to offer the item again, if a higher bid has been ignored by mistake.

8. Taking into possession / invoice /payment / passing of risk

Acceptance of bid obliges to immediate taking into possession and payment. Buyers are obliged to pay within six calendar days upon acceptance of bid or issuing an invoice, where upon the respective later date is essential. Payment at the auctioneer’s place is possible in cash, by EC-, Master- or Visa-Card or bank approved cheques. Payment which does not take place at the auctioneer’s premises are in general not possible by card. However, there is the additional possibility of payment by bank transfer to the auctioneer’s bank account.

Buyer is in default without reminder after the above payment limit has elapsed. With handing over of the auctioned item, the risk of random destruction or deterioration of the item lays upon the buyer (passing of risk). If instead of handing over the item such item is send the provision in clause 15 applies. Passing of risk takes place, in the event that no prior handing over of the item took place, at the latest upon default.

If payment takes place in a foreign currency any possible currency losses and/or bank fees have to be paid by buyer.

Invoices issued during auction or immediately thereafter are issued with the caveat of review.

Export delivery is exempted from VAT, however, within the EU this applies only to businesses with VAT identification number. Once proof of export and proof of acceptor are provided to auctioneer, the foreign buyer is entitled to reimbursement of VAT. Custom and VAT that accrue from import have to be borne by the buyer in any event.

9. Retention of title

Property of the item is not transferred to buyer until full payment of all sums owed to auctioneer (retention of title). While retention of title is valid buyer is obliged to refrain from selling the item (item which is owned with reservation) or otherwise dispose of the property hereof. Buyer is obliged to refer to the existing third-party property if third parties, in particular bailiffs, try to get hold of the item which is owned with reservation and to notify auctioneer accordingly without delay in order to enable the enforcement of property rights.

10. Limited Liability

Claims for indemnity – irrespective of legal basis - against auctioneer including its representatives and auxiliary persons, which presume negligence, only exist, if a material contract obligation has been breached. In such event claims for indemnity are limited regarding its amount to the damages which are typically predictable.

11. Binding offer

12. Commission / surcharge

13. Resale Rights

14. Default

15. Taking along / Shipping

Shipment, if any, take place at the expense of the buyer. In the event that buyer does not act as consumer, risk of random destruction or deterioration of the item is passed to buyer upon handing over to such person who is in charge of shipment.

16. Publishing of results

17. Post-auction sale

18. Consequences of delayed pick up

• 10 € for small objects (particularly show-case objects and paintings)
• 20 € for big objects (particularly furnishings)

per week, whereupon he can previously ask whether a particular item is deemedsmall or big.

19. General provisions