2052
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2052
Für Kunstauktionshaus Schloss Ahlden Versandinformtation bitte wählen Sie +49 (0)5164 80100.
3% LIVE Surcharge + VAT
Buyers premium 25.00 % including VAT
1. |
Kunstauktionshaus Schloss Ahlden GmbH (hereinafter named as the „Auctioneer“) auctions publicly as defined by § 383, Abs. 1 Satz 1 BGB as an agent on behalf and for the account of the depositor. |
2. |
a) All items coming up for auction may be inspected and examined prior to the auction. The items are used. They will be auctioned in the condition in which they are at the moment of sale. The catalogue descriptions are made to the best of our knowledge and belief. However they are for information purpose only and are not part of the contracted nature of the items as defined in § 434 BGB; in particular, they do not constitute any warranties according to § 443 BGB. The same applies to verbal or written information, including so-called Condition Reports, and the name of the items in the auction. Adverse effects on the condition are not consistently mentioned in the catalogue, thus missing information thereto also does not constitute any agreement on a quality. Moreover, the auctioneer reserves the right to correct catalogue information prior to the auction; in that case the corrected information supersedes the replaced catalogue description. |
3. |
a) The auctioneer reserves the right to offer any lot for sale in a different order from that given in the catalogue, to combine or to separate any lots or to withdraw any lots from the sale. |
4. |
a) The lot numbers are usually called for the estimate price given in the catalogue. The price increases regularly in 10 %. A bid is a binding offer and remains in effect until the lot number is knocked down. A lot will be knocked down if no overbid has been made after three calls and the limit agreed with the consignor is reached. Bids with a reserved knockdown shall be binding on the bidder (§ 158 BGB/German Civil Code) for six weeks from the day of knockdown. In the case the bid would not get successful within this period, the unreserved knockdown will be cancelled. |
5. |
The auctioneer may refuse any bids, in this case the bid given before is binding. If two or more persons bid the same amount, lots shall be drawn. If disagreement exists on a successful bid, the auctioneer reserves the right at his discretion to repeat the knockdown immediately to a certain bidder or to call up the lot again. The auctioneer may rescind a decision and put the lot up for sale again if a higher bid made in time has been overlooked and the auctioneer's attention is drawn to it by the bidder immediately or if the decision is open to other doubt. |
6. |
a) Every bidder buys in his own name and for his own account, that means he is personally liable. If a bidder wants to bid in the name and account of a third person, he has to inform the auctioneer in writing at least 24 hours prior the sale about name and address of the agent and presentation of a written power of attorney. When the details did not come in, the bill of sale come about the bidder. Bidders/new clients who are not personally known to the auctioneer, are required to prove their identity before the auction begins. |
7. |
From the fall of the hammer onwards every lot will be in the risk of the buyer under §§ 446, 447 BGB (German Civil Code). The buyer is obliged to takeover the items immediately at Kunstauktionshaus Schloss Ahlden. The ownership shall not pass to the buyer until full payment has been received. The reservation of the ownership concerns every single lot bought by the same customer and it remains in effect until full payment is received for every lot, bought by the same customer at the current and previous auctions. In favour of the consignor the auctioneer makes use of his right to keep all items until complete payment. Regardless of this right of keeping the items requirements of arrears are valid. |
8. |
The hammer price is just the net price. The successful bidder must pay a premium of 25 % which includes VAT (at present 19 %). |
9. |
If the customer is in arrears with his payment or purchase of the items, the auctioneer is legitimated at his choice to claim fulfilment of the contract for sale or to withdraw from the contract of sale and to put up the lots for auction again and to request compensation because of non-performance. If an item is sold during a renewed auction, the first buyer is liable for a possible minimum proceed including the charges for resale(s). In the contrary he has no claim to the surplus and he can be excluded from further bids. |
10. |
The buyer has to collect his purchases immediately from the auctioneer, at latest within 10 days from the acceptance of the bid. Afterwards the auc-tioneer is justified to store the items in the name and on the account of the buyer at a third person. Liabilities for any damages, loss or mistakes are refused for items stored at the auctioneer. Shipment will be effected only on buyer’s special request without exception on his costs and risk. |
11. |
After termination of the auction and full payment buyer and seller may ask the auctioneer for the address of the contracting party. The inquiry must be drawn up in writing. |
12. |
a) The foregoing conditions shall apply in general also to the post-auction sale and any sale by private contract. |
13. |
Should any provision hereof become wholly or in part ineffective, the validity of the remaining provisions shall not be affected thereby. In case of dispute, the German version of these Conditions of Sale shall prevail. Deviating and additional agreements requires in writing. |
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Für Kunstauktionshaus Schloss Ahlden Versandinformtation bitte wählen Sie +49 (0)5164 80100.
3% LIVE Surcharge + VAT
Buyers premium 25.00 % including VAT
1. |
Kunstauktionshaus Schloss Ahlden GmbH (hereinafter named as the „Auctioneer“) auctions publicly as defined by § 383, Abs. 1 Satz 1 BGB as an agent on behalf and for the account of the depositor. |
2. |
a) All items coming up for auction may be inspected and examined prior to the auction. The items are used. They will be auctioned in the condition in which they are at the moment of sale. The catalogue descriptions are made to the best of our knowledge and belief. However they are for information purpose only and are not part of the contracted nature of the items as defined in § 434 BGB; in particular, they do not constitute any warranties according to § 443 BGB. The same applies to verbal or written information, including so-called Condition Reports, and the name of the items in the auction. Adverse effects on the condition are not consistently mentioned in the catalogue, thus missing information thereto also does not constitute any agreement on a quality. Moreover, the auctioneer reserves the right to correct catalogue information prior to the auction; in that case the corrected information supersedes the replaced catalogue description. |
3. |
a) The auctioneer reserves the right to offer any lot for sale in a different order from that given in the catalogue, to combine or to separate any lots or to withdraw any lots from the sale. |
4. |
a) The lot numbers are usually called for the estimate price given in the catalogue. The price increases regularly in 10 %. A bid is a binding offer and remains in effect until the lot number is knocked down. A lot will be knocked down if no overbid has been made after three calls and the limit agreed with the consignor is reached. Bids with a reserved knockdown shall be binding on the bidder (§ 158 BGB/German Civil Code) for six weeks from the day of knockdown. In the case the bid would not get successful within this period, the unreserved knockdown will be cancelled. |
5. |
The auctioneer may refuse any bids, in this case the bid given before is binding. If two or more persons bid the same amount, lots shall be drawn. If disagreement exists on a successful bid, the auctioneer reserves the right at his discretion to repeat the knockdown immediately to a certain bidder or to call up the lot again. The auctioneer may rescind a decision and put the lot up for sale again if a higher bid made in time has been overlooked and the auctioneer's attention is drawn to it by the bidder immediately or if the decision is open to other doubt. |
6. |
a) Every bidder buys in his own name and for his own account, that means he is personally liable. If a bidder wants to bid in the name and account of a third person, he has to inform the auctioneer in writing at least 24 hours prior the sale about name and address of the agent and presentation of a written power of attorney. When the details did not come in, the bill of sale come about the bidder. Bidders/new clients who are not personally known to the auctioneer, are required to prove their identity before the auction begins. |
7. |
From the fall of the hammer onwards every lot will be in the risk of the buyer under §§ 446, 447 BGB (German Civil Code). The buyer is obliged to takeover the items immediately at Kunstauktionshaus Schloss Ahlden. The ownership shall not pass to the buyer until full payment has been received. The reservation of the ownership concerns every single lot bought by the same customer and it remains in effect until full payment is received for every lot, bought by the same customer at the current and previous auctions. In favour of the consignor the auctioneer makes use of his right to keep all items until complete payment. Regardless of this right of keeping the items requirements of arrears are valid. |
8. |
The hammer price is just the net price. The successful bidder must pay a premium of 25 % which includes VAT (at present 19 %). |
9. |
If the customer is in arrears with his payment or purchase of the items, the auctioneer is legitimated at his choice to claim fulfilment of the contract for sale or to withdraw from the contract of sale and to put up the lots for auction again and to request compensation because of non-performance. If an item is sold during a renewed auction, the first buyer is liable for a possible minimum proceed including the charges for resale(s). In the contrary he has no claim to the surplus and he can be excluded from further bids. |
10. |
The buyer has to collect his purchases immediately from the auctioneer, at latest within 10 days from the acceptance of the bid. Afterwards the auc-tioneer is justified to store the items in the name and on the account of the buyer at a third person. Liabilities for any damages, loss or mistakes are refused for items stored at the auctioneer. Shipment will be effected only on buyer’s special request without exception on his costs and risk. |
11. |
After termination of the auction and full payment buyer and seller may ask the auctioneer for the address of the contracting party. The inquiry must be drawn up in writing. |
12. |
a) The foregoing conditions shall apply in general also to the post-auction sale and any sale by private contract. |
13. |
Should any provision hereof become wholly or in part ineffective, the validity of the remaining provisions shall not be affected thereby. In case of dispute, the German version of these Conditions of Sale shall prevail. Deviating and additional agreements requires in writing. |